Withdrawal of protection status

Spain

Country Report: Withdrawal of protection status Last updated: 30/11/20

Author

The withdrawal of protection status is foreseen by Article 44 of the Asylum Act in the following cases, where:

  1. Any of the exclusion clauses provided in Articles 8, 9, 11 and 12 of the Asylum Act apply; 
  2. The beneficiary has misrepresented or omitted facts, including the use of false documentation, which were decisive for the granting of refugee or subsidiary protection status; 
  3. The beneficiary constitutes, for well-founded reasons, a danger to the security of Spain, or who, having been convicted by final judgment for offence serious, constitutes a threat to the community. 

The withdrawal of international protection leads to the immediate application of existing rules in matters of aliens and immigration law, and when appropriate, expulsion proceedings.

The Asylum Act also prohibits any revocation or eventual expulsion which may lead to the return of the beneficiary to a country in which exist danger for life or freedom or in which he or she can be exposed to torture or to inhuman or degrading treatment or in which lacks of protection effective against return to the persecuting country.[1]

The process for the withdrawal of protection status is the same as that described in the Cessation and Review section.

There were no withdrawals of international protection in 2018.[2]

 


[1] Article 44(8) Asylum Act.

[2]  Information provided by OAR, 8 March 2019.

 

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation