Preliminary questions, refugee definition
To make this topic interesting, didactic and pedagogical, we must define the concept of refugee. The notion is found in art. 1.A.2 Geneva Convention relating to the Status of Refugees of 1951, which declares that a refugee is any person who:
«Due to well-founded fears of being persecuted for reasons of race, religion, nationality, belonging to a certain social group or political opinions, she is outside the country of her nationality and cannot or, because of these fears, does not want to avail herself of the protection of such a country; or that, lacking nationality and being, as a result of such events, outside the country where he previously had his habitual residence, he cannot or, because of said fears, does not want to return to it ».
Law regulating the right of asylum in Spain
For its part, in Spain, Law 12/2009, of October 30, regulating the right to asylum and subsidiary protection in its art. 3, states that:
«Refugee status is recognized for any person who, due to well-founded fears of being persecuted for reasons of race, religion, nationality, political opinions, belonging to a certain social group, gender or sexual orientation, is outside the country of their nationality and cannot or, because of said fears, does not want to avail himself of the protection of that country, or of the stateless person who, lacking nationality and being outside the country where he previously had his habitual residence, for the same reasons cannot or, Because of these fears, he does not want to return to it, and is not involved in any of the causes of exclusion of article 8 or of the causes of denial or revocation of article 9 ».
Also, in art. 4 of Law 12/2009, of October 30, regulating the right to asylum and subsidiary protection, provides that:
«The right to subsidiary protection is the one granted to people from other countries and to stateless persons who, without meeting the requirements to obtain asylum or be recognized as refugees, but for whom there are reasonable grounds to believe that if they returned to their country of origin in the case of nationals or, that of their previous habitual residence in the case of stateless persons, would face a real risk of suffering any of the serious damages provided for in article 10 of this Law, and that they may or, because of said risk, do not want to avail themselves of the protection of the country in question, as long as any of the cases mentioned in articles 11 and 12 of this Law do not concur ».
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Given the above, let us ask ourselves: what are the damages referred to in art. 10 of Law 12/2009, of October 30, regulating the right to asylum and subsidiary protection?
In accordance with art. 10 of Law 12/2009, of October 30, regulating the right to asylum and subsidiary protection, constitute serious damages that give rise to the subsidiary protection provided for in article 4 of this Law:
- In the first place, the sentence to the death penalty or the risk of his material execution.
- Second, torture and inhuman or degrading treatment in the applicant’s country of origin.
- Third, serious threats against the life or integrity of civilians caused by indiscriminate violence in situations of international or internal conflict.
That is, international protection is granted to refugees, that is, to people who have a well-founded fear of being persecuted in their country for reasons of race, religion, nationality, political opinions, belonging to a certain social group, gender or orientation. sexual. Refugees are granted the right of asylum.
On the other hand, to foreigners who are not refugees but who cannot return to their country of origin due to well-founded reasons that pose a real risk of suffering any of these damages:
i) Sentence to death penalty.
ii) Torture or inhuman or degrading treatment.
iii) Serious threats to life or integrity such as
consequence of situations of indiscriminate violence.
These people will receive subsidiary protection.
Therefore, once the aspects that give rise to international protection have been established, it is time to find out where such protection is requested, and it will depend on whether you are already in Spain or at the border post.
i) If you arrive in Spain and cannot enter Spanish territory, at the border post
ii) If you are already in Spain:
- a) At the Asylum and Refugee Office (OAR).
- b) In any Foreign Office.
- c) In authorized Police Stations.
- d) In Foreign Detention Centers.
Once our request is submitted, personally, or by an authorized person, a series of rights are acquired, among which is to remain in Spain until the request is resolved, except for a claim from another country of the European Union or from a International Criminal Court.
Finally, the international protection procedure consists of two phases; a first for admission to processing and a second for eligibility.