Article 33 of the Asylum Act provides that asylum seekers’ access to reception conditions may be reduced or withdrawn in the following cases, where:
- The applicant leaves the assigned place of residence without informing the competent authority or without permission;
- The applicant obtains economic resources and could deal with the whole or part of the costs of reception conditions or has any hidden economic resources;
- The resolution of the application for international protection has been issued, and is notified to the interested party;
- By act or omission, the rights of other residents or staff of the centres are violated;
- The authorised programme or benefit period has finished.
Usually, asylum seekers are rarely expelled from reception facilities, unless they accumulate breaches to the rules of conduct of the centres, causing the necessary mandatory abandonment of the centre. In this case, the management authority will start a procedure which foresees the hearing of the subject, who can make allegations or give explanations within a 15-day period, after which a decision is taken. Legal assistance is not foreseen during this process, as this is an internal procedure.
Refugees and asylum seekers can have their reception conditions reduced in case they do not participate and collaborate in the activities scheduled for their social and labour integration. In both cases, beneficiaries sign a “social contract” where they commit to participate in these measures and accept this as a requirement to benefit from the different sources of support provided. In other cases, asylum seekers are warned in writing but there are no consequences such as reduction or withdrawal of reception conditions.
In 2018, media reports have referred to at least 20 persons returned under the Dublin Regulation who were excluded from the reception system and were rendered homeless, on the basis that they had renounced their entitlement to accommodation upon leaving Spain. Following a judgment of the TSJ of Madrid in 2018, the Ministry of Inclusion, Social Security and Migration has issued instructions to ensure that asylum seekers returned under the Dublin Regulation are guaranteed access to reception (see Dublin).
Reception conditions are never limited due to large numbers of arrivals. Instead, emergency measures are taken and asylum seekers are provided new available places where they can be hosted (see section on Types of Accommodation).
In case of withdrawal, two main criteria are taken into consideration: (a) severity of the violation of the reception conditions’ contract signed by the asylum seeker; and (b) the individual situation and vulnerabilities of the person. If the non-fulfilment of the obligations deriving from the contract stems from a vulnerability (i.e. cases of trauma, victims of torture, etc.), the asylum seeker is referred to specific assistance facilities instead of withdrawal of conditions.
 Ministry of Labour, Migration and Social Security, 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 aplicación del Reglamento Dublín, 20 December 2018, available in Spanish at: https://bit.ly/2GA9QGy.