Criteria and restrictions to access reception conditions

Spain

Country Report: Criteria and restrictions to access reception conditions Last updated: 30/11/20

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Article 30(1) of the Asylum Act provides that if they lack financial means, “applicants for international protection will be provided a shelter and social services in order to ensure the satisfaction of their basic needs in dignified conditions”. The system has an integral character which assists the applicant / beneficiary from the time of the submission of the application for asylum until the completion of the integration process.

 

Right to reception in different procedures

 

Material reception conditions under national legislation on asylum are the same for every asylum seeker, no matter the profile of the applicant nor the type of asylum procedure. The reception system is independent from the evolution or the duration of the asylum procedure and the possible grant of international protection, as it foresees a 18-month period of accommodation, assistance and financial support in the same province where the asylum claim was lodged (apart from a few exceptions). This can reach a maximum of 24 months for vulnerable cases (see Special Reception Needs).[1]

For applicants under an outgoing Dublin procedure, reception conditions are provided until the actual transfer to another Member State. Reception is offered for no longer than one month after the notification of the inadmissibility decision, subject to a possible extension.[2]

It must be highlighted that all the process and foreseen services are based on the applicant’s inclusion within official asylum reception places, which give access to all other services provided. This means that applicants who can afford or decide to provide themselves with independent accommodation are in practice cut off the system, and have no guaranteed access to financial support and assistance foreseen in reception centres. Also, this requirement is applied to people who arrive in Spain from the Moroccan border, who are obliged to be hosted within the Ceuta and Melilla’s Migrant Temporary Stay Centres (CETI) in order to be transferred to the Spanish peninsula – to which they are otherwise not legally entitled – and to access the official reception system. Thus, persons applying for asylum in Ceuta and Melilla start benefitting the full services provided within the reception system only when transferred to mainland, but not during their stay in the CETI.

Asylum seekers returned to Spain under the Dublin Regulation faced difficulties in accessing reception conditions in 2018. According to reports, 20 persons returned under the Regulation protested against their exclusion from the reception system in May 2018, due to which they had been rendered homeless.[3] The same happened in October 2018 to six families of asylum seekers, who ended up accommodated in emergency shelters of the Municipality of Madrid, generally aimed at the reception of homeless persons.[4] Following judgments of the TSJ of Madrid,[5] the DGIAH issued instructions in January 2019 to ensure that asylum seekers returned under the Dublin Regulation are guaranteed access to reception (see Dublin: Situation of Dublin Returnees).[6] The Reception Handbook was amended accordingly. Despite that, in June 2019 the Red Solidaria de Acogida, Parroquia San Carlos Borromeo and Coordinadora de Barrios issued a common statement, indicating that they were supporting some asylum seekers (including children and a pregnant woman) returned to Spain under the Dublin regulation, which were denied reception by the OAR.[7]

 

The assessment of resources

 

The Reception Handbook specifies that the lack of sufficient resources is a requirement for receiving reception conditions.[8] At any stage of the reception phase, asylum seekers have the obligation to declare the incomes they receive. Only actual incomes are verified, while savings are not, because it is expected that asylum seekers applying for reception conditions do not have sufficient economic resources to provide to their subsistence.

 

Three-phase approach to reception

 

The reception system is divided into three main phases, which the asylum seeker follows even if he or she obtains international protection in the meantime. The three phases are as follows:[9]

  1. “Assessment and referral phase” (Fase previa de evaluación y derivación, EYD): Since 2015, this phase is officially part of the reception system.[10] Persons who want to apply for asylum are provided with the information they need on the whole process and their basic necessities are covered until their referral to the first asylum reception phase;

 

  1. “Reception phase” (Fase de acogida) or “first phase”: applicants are provided with accommodation within: (a) a Refugee Reception Centre (Centro de Acogida a Refugiados, CAR) ; (b) or NGO-run reception facilities located all over the Spanish territory; or (c) reception facilities under the humanitarian assistance system (acogida para la Atención Humanitaria de personas inmigrantes). More details are provided in Types of Accommodation. During these months of temporary reception, applicants receive basic cultural orientation, language and job training which aim to facilitate their integration within the Spanish society;

 

  1. “Preparation for autonomy phase” (Fase de preparación para la autonomía) or “second phase”: applicants move out of reception centres and receive financial support and coverage of basic expenses to start their ‘normal’ life. Intensive language courses and access to employability programmes are offered at this stage. It is also possible to offer the person financial support for certain expenses (ayudas puntuales) such as health, education, training, birth.

The first and second reception phases have a total duration of 18 months, subject to a prolongation to 24 months for vulnerable persons. Accommodation during the “first phase” is provided for 6 months, subject to a 3-month prolongation for vulnerable persons. The EYD phase lasts up to 30 days and is not included in the calculation of that time limit.[11] In 2018, however, the increase in asylum applications has caused longer waiting periods reaching up to 4 months in the EYD phase in hotels. During 2019, efforts have been made to shorten the time of waiting, which reached 1 month on average. This being said, some cases have been reported in summer 2019 where applicants had to wait up to 2-3 months.

Since the 2015 increase of available places for refugees’ reception, the Spanish government has reformed the system regarding financing for NGOs service providers for asylum seekers and refugees. The reception system now counts 21 organisations:

The number of asylum seekers receiving conditions throughout the year has evolved as follows:

Persons receiving reception conditions

Phase

2017

2018

2019

Assessment and referral phase

9,395

13,137

:

First phase

16,611

24,399

:

Second phase

8,976

16,621

:

Source: DGIAH, May 2019. Statistics on the year 2019 were not available.

 


[1] Ibid, C.2. and F.5.

[2] Ibid, C.2(a).

[3] El Diario, ‘Una veintena de solicitantes de asilo denuncia ante el Ministerio de Empleo su exclusión del sistema de acogida’, 16 May 2018, available in Spanish at: https://bit.ly/2IoFh7Z.

[4]El Diario, ‘Varias familias de refugiados duermen hacinadas desde hace meses en un centro de emergencias del Ayuntamiento de Madrid’, 31 October 2018, available in Spanish at: https://bit.ly/2Dg44Iw.

[5] TSJ Madrid, Decision 966/2018, 7 December 2018, EDAL, available at: https://bit.ly/2MxkNg3; Decision 913/2018, 22 November 2018, available in Spanish at: https://bit.ly/2wDUJoq.

[6]DGIAH, Instrucción DGIAH 2018/12/19 por la que se modifica el manual de gestión del sistema de acogida para solicitantes y beneficiarios de protección internacional en lo relativo al reingreso en el sistema de acogida de personas devueltas a España en aplicacion del Reglamento Dublín, 20 December 2018, available in Spanish at: https://bit.ly/2GA9QGy.

[7]  ‘Comunicado de la Red Solidaria de Acogida, Parroquia San Carlos Borromeo y Coordinadora de Barrios’, 6 June 2019, available in Spanish at: https://cutt.ly/vtTr2jW.

[8] DGIAH, Reception Handbook, November 2018, C.4.1(a).

[9] Ibid, F.1. to F.4.

[10] Real Decreto 816/2015, de 11 de septiembre, por el que se regula la concesión directa de una subvención con carácter excepcional y por razones humanitarias para la ampliación extraordinaria de los recursos del sistema de acogida e integración de solicitantes y beneficiarios de protección internacional.

[11]  DGIAH, Reception Handbook, November 2018, F.5.

 

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