JOHN CARLOS I

KING OF SPAIN

To all who present it, and understand it.

Sabed: That the General Courts have approved and I come to sanction the following law.

PREAMBLE

The current regulation of the right of asylum in Spain, in the margin of historical history of limited practical significance dating back to the nineteenth century, dates from 1984, year in which Law 5/1984, of March 26, right of asylum and refugee status, came to develop the mandate contained in Article 13 (4) of the Constitution.

This rule, the first to address the institution of asylum in a democratic and liberties framework, underwent a profound revision in 1994, in order to bring the Spanish law into line with the rapid evolution in quantity and in the the characteristics of asylum applications which occurred in the context of the European Union in the second half of the 1980s. It also helped to correct the shortcomings identified in its implementation and to make progress in the protection regime for refugees, to which, from then on, the right of asylum was granted in a European context of progressive harmonisation of the national legislation on asylum.

After more than fourteen years since this first amendment, a European asylum policy has been developed, which starts with the Treaty of Amsterdam in 1997 and has produced a large number of Community rules which must be incorporated into the internal legal order through appropriate legislative changes which, in some cases, are of great value.

Among these rules stand out, for affecting the core of any asylum system, Council Directive 2004 /83/EC of 29 April laying down minimum standards for the requirements for recognition and the status of third-country nationals or stateless persons as refugees or persons in need of other types of international protection and the content of the protection granted; Council Directive 2005 /85/EC of 1 December on minimum standards for the procedures to be followed by Member States to grant or withdraw the status of refugee; and Chapter V of Directive 2003 /86/EC of the Council of 22 September on the right of family reunification concerning refugees.

The very nature of minimum standards shows that Member States have the competence to introduce or maintain more favourable provisions for persons from third countries or stateless persons seeking protection. (a) a Member State, provided that such rules are compatible with the provisions of the Community Directives which are transposed by this Law.

The transposition of this legislation of the European Union is the total welcome in our system of the so-called First Phase of the Common European Asylum System, as set out in the Tampere Conclusions of 1999 and ratifies in the Hague Programme of 2004, as it contains the basis for the establishment of a comprehensive regime for the international protection of fundamental rights, based on the 1951 Geneva Convention and the New York Protocol (a) on the status of refugees as a cornerstone of the international legal system of protection of refugees.

In turn, from a national perspective, the Law introduces a number of provisions, within the scope of European legislation, which respond to their willingness to serve as an effective instrument to guarantee the international protection for people who apply to them and to strengthen their institutions: the right of asylum and subsidiary protection, in a framework of transparency of the decisions that are taken.

One of them is the prominent place that is granted to the intervention of the United Nations High Commissioner for Refugees (UNHCR). Another is the introduction of a legal framework for the adoption of resettlement programmes, in solidarity with the International Community in the search for durable solutions for refugees.

On the other hand, the current Law 5/1984, of March 26, despite the unquestionable usefulness that it has shown as a regulatory instrument of the mechanisms of recognition of the condition of refugee, contains provisions that, with the In the course of time, they have lost their effectiveness, while, for their relative seniority, they do not contemplate issues that are currently essential and unavoidable in the field of international protection.

Consequently, and given the scope of the modifications imposed by these conditions, it has been considered necessary, for reasons of legislative technique, to adopt a new law that develops the provisions of the fourth paragraph of the Article 13 of the Constitution, instead of proceeding under Law 5/1984 of March 26, partial modifications. This option should enable both the needs arising from the incorporation of the broad cast of European Union regulatory acts to be adequately met, as well as to reflect in an appropriate way the new interpretations and criteria that have emerged in the international doctrine and in the case law of supranational bodies such as the Court of Justice of the European Communities or the European Court of Human Rights, with the aim of improving the guarantees of applicants and beneficiaries of international protection.

The new law must also be adapted to the criteria that arise from the doctrine and case law of the courts in the field of asylum.

Exposed the purpose and relevance of this new legal text, it is appropriate to justify its structure and content. From this point of view, the Law consists of six Titles, completed with eight Additional Provisions, two Transitions, one Defeat and four Finals.

In the Preliminary Title, the purpose of the Law and the Material Regulation is established, determining the content of the international protection integrated by the right of asylum and the right to subsidiary protection. This second type of international protection is introduced for the first time in our order explicitly, significantly improving the current situation, in which this protection has been applied on the basis of generic provisions for humanitarian protection contained in the Act.

Title I is dedicated to the requirements that must be met in order to give rise to the granting of the right of asylum arising from the recognition of the status of a refugee or a beneficiary of subsidiary protection. All the elements of the classic definition of a refugee are detailed and defined, including for the first time: persecution, persecution and persecuting agents. It is in this Title that some of the most innovative aspects of the Law are included, with special references to the gender dimension in relation to the reasons which, if there is persecution, may lead to the granting of the refugee status. They also include, in an unprecedented detail in our legislation, the correlative causes that determine the cessation or exclusion of the enjoyment of the right of asylum.

In addition, Title I devotes a whole Chapter, in parallel and in accordance with similar parameters, to the new figure of subsidiary protection, which up to now appeared to be set up as an institution lacking its own and thus devoid of a detailed regulation of its constituent elements.

In this line, it should be noted that the Law regulates subsidiary protection by following the same guidelines used with the right of asylum. This is a logical consequence of the desire to unify in their entirety both regimes of protection, given that, beyond the differences that may exist between the causes that justify one and the other, the common purpose of both is that beneficiaries receive protection, in the face of risks to their lives, physical integrity or freedom, which they cannot find in their countries of origin.

Title II is fully dedicated to the procedure to be followed to determine the protection needs of applicants. On this particular point, it should be stressed that the new text improves the current regulation by establishing a complete procedure for assessing the origin of refugee or subsidiary protection status.

The procedure is unique for the two types of protection, which, in addition to being consistent with the identification that the Law makes of the two protection regimes, will allow, when examining simultaneously-and, eventually, ex officio-both possibilities, unnecessary dilations or abusive practices are avoided.

In any case, regulatory forecasts are introduced that significantly improve procedural guarantees in the examination of the corresponding applications. This is the case for the generalization of judicial-administrative guarantees of a judicial nature, such as the precautionary measures provided for in Article 135 of Law 29/1998 of July 13, regulating the Jurisdiction-Administrative Jurisdiction, whose In practice it is currently incipient and casuistic, and the intervention of the UNHCR, to which Chapter IV is dedicated, and which provides a guarantee of the proper functioning of the system.

The Title also contains a Chapter that innovates our system of protection of rights and freedoms, by providing formal legal support to the material conditions of reception of applicants or beneficiaries of international protection. In this way, the Law provides for the obligation to provide social and reception services to applicants in a state of need at the highest legal level.

Title III of the Law is intended for the maintenance or recomposition of the family unit of applicants or beneficiaries of international protection. The Law has maintained the family extension of international protection for members of the family unit of applicants or protected persons, while extending the scope of potential beneficiaries, taking into account that the reality offers family configurations that exceed the concept of a nuclear family, more of our own in the field of immigration.

Together with this, the Law incorporates a special and preferential procedure for family reunification, which guarantees the right to life as a family of refugees or beneficiaries of subsidiary protection covered by the law. Council Directive 2003 /86/EC of 22 September 2003 on the right to family reunification. The procedure is set up as an alternative to the family extension of the right of asylum, so far the only option for refugees, and aims to provide a more effective response to cases in which persons belonging to the family unit of the protected person does not require the same protection, but does not require a residence and benefits scheme to enable the family unit to be maintained under optimum conditions.

Title IV, for its part, regulates the figures of revocation and the cessation of international protection. In this respect, the reasons for each of these administrative decisions are regulated in respect of persons benefiting from refugee status or subsidiary protection. The Title gives an answer to the new requirements arising from the most recent legal acts of the European Union and introduces appropriate measures to prevent those who may pose a threat to the security of the State, public order or develop actions that are incompatible with international protection status, and may benefit from it.

Also, a common procedure is introduced for the adoption of such legal figures, and a further step is taken in the construction of the Area of Freedom, Security and Justice.

The title, Title V, the minors and other vulnerable persons in need of any of the two modalities of international protection under the Law, have been considered appropriate. The inclusion of this Title and the treatment given to the persons referred to in this Title constitute another novelty, which is to remedy the lack of explicit references to them, in particular to minors, and more specifically to unaccompanied persons, in our asylum legislation.

With this, the aforementioned guarantee line derived from the lower interest of the child and the will to avoid discrimination on the basis of gender or affecting persons with disabilities, elderly people and others in situation of precariousness, as it reaches all areas of the asylum system.

Finally, in the final part of the Law, reserved for the provisions that provide for special regimes, transitional situations, regulatory derogations or regulatory developments, as well as the provision of its entry into force, highlights as another novelty in the Spanish law the enabling of the Government of Spain to carry out resettlement programs in collaboration with the UNHCR and, where appropriate, with other relevant International Organizations, with the aim to make the principle of solidarity effective and to comply with the plan constitutional to cooperate with the other peoples of the earth.

The training of all the actors involved in the asylum system, which is essential for its proper functioning, as well as cooperation with non-governmental organisations are also included in the provisions of the Additional.

With such an approach, it is evident that the enabling title that serves as a basis for this Law-article 149.1.2. of the Constitution-contains an implicit claim to the aforementioned internationalization, which, by It is not only in accordance with Article 93 of the Treaty that the European Union is entitled to do so, but also more broadly in the interpretative and implementing mandates laid down in Article 93 (1) of the Treaty. 10 and the same paragraph of 96. The European Union's own rules which are the subject of transposition have been reflected in these new trends: the current EU bloc of the 'Schengen acquis' has exceeded the more limited rules adopted in the framework of the Schengen acquis. previous intergovernmental cooperation, which implies a consistent coherence between the actions undertaken by the European Union and the Council of Europe.

Such a correlation is, precisely, appreciable in the European Union rules which are now incorporated, including in Directive 2003 /86/EC of the Council of 22 September, on the right of family reunification, where it is declared expressly that " this Directive respects fundamental rights and observes the principles recognised in particular by Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms and by Charter of Fundamental Rights of the European Union ". With similar "ratio", Council Directive 2004 /83/EC of 29 April laying down minimum standards for the requirements for the recognition and status of third-country nationals or stateless persons as refugees or persons The European Council, at its special meeting in Tampere on 15 and 16 October 1999, agreed to work with a view to the creation of a system of international protection and to the content of the protection granted. common European asylum based on the full and full implementation of the Geneva Convention on the Statute of the Refugee of 28 July 1951, supplemented by the New York Protocol of 31 January 1967, thus affirming the principle of non-refoulement and ensuring that no person is repatriated to a country in which he suffers persecution " adding, in a row, that ' this Directive respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union. In particular, this Directive is intended to ensure full respect for human dignity and the right of asylum for asylum seekers and their accompanying family members. "

Finally, in the elaboration of this Law, the contributions of those civil society actors involved in the defense of persons in need of international protection have been taken into account.

Specific mention should be made at this point to the United Nations High Commissioner for Refugees (UNHCR), who is recognized as the important role in the processing of asylum applications in Spain, thus reinforcing the procedural guarantees.

Likewise, the contributions of other qualified actors or bodies in the field covered by this Law have been considered, which undoubtedly contributes to the new regulation being impregnated by the more favourable trends in international human rights law.

PRELIMINARY TITLE

General provisions

Article 1. Object of the law.

This Law, in accordance with the provisions of Article 13 (4) of the Constitution, aims to establish the terms in which the nationals of non-Community countries and stateless persons may enjoy Spain of international protection constituted by the right of asylum and subsidiary protection, as well as the content of such international protection.

Article 2. The right of asylum.

The right of asylum is the protection granted to non-EU nationals or stateless persons to whom the status of refugee is recognised in the terms defined in Article 3 of this Law and in the Convention on the Status of Refugees, made in Geneva on 28 July 1951, and its Protocol, signed in New York on 31 January 1967.

Article 3. The refugee status.

The refugee status is recognized as a person who, due to well-founded fears of being persecuted for reasons of race, religion, nationality, political opinions, membership of a particular social group, gender or orientation sexual, is outside the country of his nationality and cannot, because of these fears, does not want to benefit from the protection of such a country, or the stateless person who, lacking nationality and finding himself out of the country where before he had his residence usual, for the same reasons it cannot or, because of these fears, does not want to return to it, and not this incourse in any of the grounds for the exclusion of Article 8 or the grounds for refusal or revocation of Article 9.

Article 4. Subsidiary protection.

The right to subsidiary protection is the dispensation of persons from other countries and stateless persons who, without meeting the requirements for obtaining asylum or being recognised as refugees, but for which reasons are given (a) to believe that if they returned to their country of origin in the case of nationals or, at their previous habitual residence in the case of stateless persons, they would face a real risk of suffering any of the serious harm provided for in Article 10 of this Law, which they cannot or, because of that risk, do not want, to benefit from the protection of the country treat, provided that no of the cases referred to in Articles 11 and 12 of this Law are met.

Article 5. Rights guaranteed with asylum and subsidiary protection.

The protection granted with the right of asylum and subsidiary protection consists in the non-refoulement or expulsion of the persons to whom they have been recognised, as well as in the adoption of the measures referred to in the article. 36 of this Law and the norms that develop it, in the regulations of the European Union and in the international conventions ratified by Spain.

TITLE I

International protection

CHAPTER I

The conditions for the recognition of the right of asylum

Article 6. Acts of persecution.

1. The acts on which the founded fears are based on persecution within the meaning of Article 3 of this Law shall:

(a) to be sufficiently serious by nature or by a repeated nature to constitute a serious violation of fundamental rights, in particular rights which cannot be subject to exceptions under the paragraph Article 15 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, or

(b) be a sufficiently serious accumulation of several measures, including human rights violations, to affect a person in a similar manner to that referred to in point (a).

2. The acts of persecution referred to in paragraph 1 may take, inter alia, the following forms:

(a) acts of physical or mental violence, including acts of sexual violence;

(b) legislative, administrative, police or judicial measures that are discriminatory in themselves or that are applied in a discriminatory manner;

c) prosecutions or penalties that are disproportionate or discriminatory;

(d) refusal of a judicial remedy resulting in disproportionate or discriminatory penalties;

e) prosecutions or penalties for refusal to provide military service in a conflict in which compliance with that service would entail offences or acts falling within the exclusion clauses set out in the second paragraph Article 8 of this Law;

f) acts of a sexual nature affecting adults or children.

3. The acts of persecution defined in this Article shall be related to the grounds referred to in the following

.

Article 7. Reasons for persecution.

1. The following elements shall be taken into account when assessing the reasons for persecution:

(a) the concept of race shall include, in particular, the colour, origin or membership of a particular ethnic group;

(b) the concept of religion shall include, in particular, the profession of theistic, non-theistic and atheistic beliefs, participation or abstention from doing so, in formal cults in private or in public, either individually or in community, as well as other acts or expressions that conduct a religious opinion, or forms of personal or community conduct based on any religious belief or ordered by it;

(c) the concept of nationality shall not be limited to citizenship, but shall include, in particular, membership of a group determined by its cultural, ethnic or linguistic identity, its geographical or political origins common or their relationship with the population of another State;

d) the concept of political opinions shall include, in particular, the profession of opinions, ideas or beliefs on a matter relating to potential agents of persecution and their policies or methods, irrespective of the applicant has or has not acted in accordance with such views, ideas or beliefs;

e) a group shall be deemed to constitute a particular social group, if in particular:

-people in that group share an innate characteristic or common background that cannot be changed, or share a characteristic or belief that is so fundamental to their identity or awareness that they cannot be required to renounce it, and

-that group has a distinct identity in the country concerned by being perceived as different by the society around it or by the agent or persecuting agents.

Depending on the circumstances prevailing in the country of origin, a group based on a common characteristic of sexual orientation or sexual identity is included in the concept of a given social group, and, or age, without (a) the application of this Article may be applied on its own. In no case can it be understood as sexual orientation, the carrying out of conduct typified as a crime in the Spanish legal order.

Also, depending on the circumstances prevailing in the country of origin, persons fleeing from their countries of origin are included due to serious fears of persecution on the basis of gender and, or age, without (a) aspects on their own may give rise to the application of this Article.

2. In the assessment of whether the applicant has reasonable fears to be persecuted, the fact that he actually possesses the racial, religious, national, social or political characteristic that arouses persecution is indifferent, provided that the chase agent is attributed to it.

Article 8. Causes of exclusion.

1. They will be excluded from refugee status:

(a) persons falling within the scope of Section D of Article 1 of the Geneva Convention as regards the protection or assistance of a United Nations body or body other than the United Nations High Commissioner for Refugees. Where such protection or assistance has ceased for any reason, the fate of such persons has been definitively settled in accordance with the Resolutions adopted by the General Assembly of the United Nations, those shall be entitled "ipso facto", entitled to the benefits of the asylum governed by this Law;

(b) persons to whom the competent authorities of the country where they have established their residence have recognized the rights and obligations inherent in the possession of the nationality of that country, or rights and obligations equivalent to them.

2. Also excluded are foreign persons on whom there are reasonable grounds to consider that:

(a) have committed a crime against peace, a crime of war or a crime against humanity, of those defined in international instruments that lay down provisions relating to such crimes;

(b) have committed outside the country of refuge before being admitted as refugees, that is, prior to the issue of a residence permit based on the recognition of refugee status, a serious crime, understood by such persons as they are in accordance with the Spanish Penal Code and which affect the life, liberty, indemnity or sexual freedom, the integrity of the persons or the patrimony, provided that they are carried out with force in things, or violence or intimidation in persons, as well as in cases of organised crime, and should be understood including, in any case, the term "organised crime", as referred to in the fourth paragraph of Article 282 bis of the Criminal Procedure Act, in relation to the offences listed;

(c) are guilty of acts contrary to the purposes and principles of the United Nations established in the Preamble and in Articles 1 and 2 of the Charter of the United Nations.

3. The second paragraph shall apply to persons who have an effect on the commission of the offences or acts referred to therein, or participate in their commission.

Article 9. Grounds for refusal.

In any case, the right of asylum shall be refused:

(a) persons constituting, for reasons founded, a danger to the security of Spain;

b) persons who, having been the subject of a firm conviction for a serious crime, constitute a threat to the community.

CHAPTER II

The conditions for granting the right to subsidiary protection

Article 10. Severe damage.

Constitute the serious damages that result in the subsidiary protection provided for in Article 4 of this Law:

(a) the death penalty or the risk of its material execution;

(b) torture and inhuman or degrading treatment in the country of origin of the applicant;

c) serious threats to the life or integrity of civilians motivated by indiscriminate violence in situations of international or international conflict.

Article 11. Causes of exclusion.

1. Persons in respect of whom there are reasonable grounds to consider that:

shall be excluded from the status of beneficiaries of subsidiary protection.

(a) have committed a crime against peace, a crime of war or a crime against humanity, of those defined in international instruments that lay down provisions relating to such crimes;

(b) have committed outside the country of protection before being admitted as beneficiaries of subsidiary protection, i.e. prior to the issue of the residence permit based on the recognition of the status of a beneficiary of subsidiary protection, a serious offence, being understood by those who are in conformity with the Spanish Penal Code and which affect the life, liberty, indemnity or sexual freedom, the integrity of persons or property, provided that they were performed with force in things, or violence or intimidation in people, as well as in the cases of organised crime, including, in any case, the term "organised crime", which is included in the fourth paragraph of Article 282 bis of the Criminal Procedure Act, in relation to criminal offences. listed;

(c) are guilty of acts contrary to the purposes and principles of the United Nations established in the Preamble and in Articles 1 and 2 of the Charter of the United Nations;

d) constitute a danger to the internal or external security of Spain or to public order.

2. The provisions of the foregoing paragraphs shall apply to those who have the commission of the offences or acts referred to therein, or are involved in their commission.

Article 12. Grounds for refusal.

In any case, subsidiary protection will be denied to:

(a) persons constituting, for reasons founded, a danger to the security of Spain;

b) persons who, having been the subject of a firm conviction for a serious crime, constitute a threat to the community.

CHAPTER III

Common Provisions

Article 13. Agents of persecution or causing serious damage.

Agents of persecution or causing serious harm may be, among others:

a) the State;

(b) parties or organisations which control the State or a considerable part of its territory;

(c) non-state actors, where the agents referred to in previous points, including international organisations, cannot or do not wish to provide effective protection against persecution or serious harm.

Article 14. Protection agents.

1. They can provide protection:

a) the State, or

(b) parties or organisations, including international organisations, which control the State or a substantial part of its territory.

2. In general, it shall be understood that there is protection when the agents referred to in the first paragraph take reasonable and effective measures to prevent the persecution or suffering of serious damage, such as the establishment of a system effective legal basis for the investigation, prosecution and sanction of actions constituting persecution or serious harm, and provided that the applicant has effective access to such protection.

3. It shall take into account the guidance which may be given to the relevant acts of the institutions of the European Union or relevant international organisations, to the effect of assessing whether an international organisation controls a State or a the considerable part of its territory and provides the protection described in the previous paragraph.

Article 15. International protection needs arising "in situ".

1. The well-founded fears of being persecuted or the actual risk of serious harm to which Articles 6 and 10 of this Law respectively relate may also be based on events or activities in which the person has participated. applicant after the departure of the country of origin or, in the case of stateless persons, the habitual residence, in particular if it is shown that such events or activities constitute the expression of convictions or orientations held in the country of origin or habitual residence.

2. In these cases, the fact that the risk of persecution is based on circumstances expressly created by the applicant after leaving his country of origin or, in the case of a refugee, is weighted for the purposes of not recognising refugee status. of stateless persons, that of their habitual residence.

TITLE II

From the procedural rules for the recognition of international protection

CHAPTER I

From the submission of the request

Article 16. Right to apply for international protection.

1. Non-Community nationals and stateless persons present on Spanish territory have the right to apply for international protection in Spain.

2. For their financial year, applicants for international protection shall be entitled to health care and free legal assistance, which shall extend to the formalisation of the application and to the processing of the procedure, and which shall be provided in the terms provided for in the Spanish legislation in this field, as well as the right to interpret in the terms of Article 22 of the Organic Law 4/2000.

Legal assistance referred to in the preceding paragraph shall be required when applications are formalized in accordance with the procedure referred to in Article 21 of this Law.

3. The submission of the application shall entail the assessment of the circumstances determining the recognition of the refugee status, as well as the granting of subsidiary protection. The applicant shall be informed of this in due form.

4. Any information relating to the procedure, including the fact that the application is submitted, shall be confidential.

Article 17. Submission of the application.

1. The procedure starts with the submission of the application, which must be made by means of the personal appearance of the persons concerned who request protection in the places which they regulate are established, or in the event of physical impossibility or legal, by means of a person representing it. In the latter case, the applicant shall ratify the request once the impediment is removed.

2. The appearance must be carried out without delay and in any case within a maximum of one month from the entry into the Spanish territory or, in any case, from the occurrence of the events that justify the fear founded of persecution or serious damage. For these purposes, illegal entry into Spanish territory may not be sanctioned when it has been carried out by a person who meets the requirements to be a beneficiary of the international protection provided for in this Law.

3. At the time of application, the foreign person shall be informed, in a language which he may understand, of:

a) the procedure to be followed;

(b) their rights and obligations during processing, in particular with regard to the time and means at their disposal to comply with them;

c) the possibility of contacting the United Nations High Commissioner for Refugees and non-governmental organizations legally recognized among whose objectives the advice and assistance to the people in need of international protection;

d) the possible consequences of non-compliance with their obligations or lack of collaboration with the authorities; and

e) the social rights and benefits to which you have access as an applicant for international protection.

4. The application shall be formalised by means of personal interview which shall be carried out individually. By way of exception, the presence of other members of the family of applicants may be required if this is considered to be essential for the proper formalisation of the application.

5. The Administration shall take the necessary measures to ensure that, where necessary, a differentiated treatment is provided in the interview on the basis of the sex of the applicant or other circumstances provided for in Article 46 of this Law. The administrative file shall be duly recorded in this procedure.

6. The persons responsible for the interview shall inform the applicants on how to make the application and shall help them to complete the application, providing them with the basic information in relation to the application. They will also collaborate with stakeholders to establish the relevant facts of their application.

7. Where safety reasons are advised, the applicant and his/her belongings may be registered, provided that full respect for their dignity and integrity is ensured.

8. In the terms that are laid down in regulation, the possibility of a new personal hearing on your application for asylum will be raised. The weighting on the need or not to carry out new interviews will be motivated.

Article 18. Rights and obligations of applicants.

1. The applicant for asylum, lodged the application, has in the terms of this Law, in Articles 16, 17, 19, 33 and 34, the following rights:

a) to be documented as an applicant for international protection;

b) to free legal assistance and interpreter;

c) to have your request communicated to the UNHCR;

d) to the suspension of any process of return, expulsion or extradition that may affect the applicant;

e) to know the contents of the case at any time;

f) to healthcare under exposed conditions;

g) to receive specific social benefits in terms of this Law.

2. The following shall be the obligations of applicants for international protection:

(a) cooperate with the Spanish authorities in the procedure for granting international protection;

(b) submit as soon as possible all those elements which, together with their own declaration, contribute to their application. Among others, they may present the documentation of their age, past-including related relatives-, identity, nationality or nationalities, places of previous residence, prior international protection applications, travel itineraries, travel documents and reasons for which protection is sought;

(c) provide their fingerprints, allow them to be photographed and, where appropriate, consent to the recording of their statements, provided that they have been previously informed about the latter;

d) to report on your home address in Spain and any changes to it;

(e) inform the competent authority or appear before it, when required in connection with any circumstances of their application.

Article 19. Effects of the submission of the application.

1. If protection is sought, the foreign person may not be returned, returned or expelled until it is settled on his or her application or is not admitted. However, for reasons of public health or safety, the competent authority may take precautionary measures in application of the rules in force on immigration and immigration.

2. The application for protection shall also suspend, until the final decision, the execution of the judgment of any extradition proceedings of the person concerned. To that end, the application shall be communicated immediately to the court or to the governmental body to which the relevant proceedings took place at that time.

3. By way of derogation from the above paragraphs, a person requesting, as appropriate, another Member State of the European Union may be surrendered or extradited to another Member State under the obligations of a European arrest and surrender order, or a third country before international criminal courts.

4. Asylum seekers have the right to meet with a lawyer at the premises of the border posts and detention centres of foreigners. Regulation, and without prejudice to the operating rules laid down for those offices and centres, conditions may be laid down for the exercise of this right arising from security, public order or management reasons. administrative.

5. The application for protection shall take place at the beginning of the calculation of the time limits laid down for processing.

6. The decision to grant an asylum application shall determine the appropriate procedure.

7. Where the processing of an application may exceed six months, it may be extended in accordance with the provisions of Article 49 of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Rules of Procedure The person concerned shall be informed of the reason for the delay for the purposes of his decision and notification.

Article 20. No admission of applications submitted within the Spanish territory.

1. The Minister of the Interior, acting on a proposal from the Asylum and Refuge Office, may, by means of a reasoned decision, not allow applications to be processed when any of the following conditions are met:

-For lack of competence for examination of requests:

(a) where the examination under Regulation (EC) No 343/2003 of the Council of 18 February 2003 on the criteria and mechanisms for determining the Member State responsible for the examination of a Member State is not applicable to Spain. application for asylum lodged in one of the Member States by a third-country national;

(b) where it does not correspond to Spain's examination in accordance with the International Conventions in which it is a Party. The decision granting the non-admission to the proceedings shall indicate to the applicant the State responsible for examining it. In this case, that State has explicitly accepted its responsibility and will obtain sufficient guarantees of protection for the life, liberty and physical integrity of the persons concerned, as well as of the respect to the other principles indicated in the Geneva Convention, in the territory of that State.

-For lack of requirements:

(c) where, in accordance with Article 25.2.b) and Article 26 of Council Directive 2005 /85/EC, the applicant is recognised as a refugee and has the right to reside or obtain effective international protection in a third State, provided that it is readmitted in that country, there is no danger to its life or liberty, nor is it exposed to torture or inhuman or degrading treatment and has effective protection against return to the pursuing country, in accordance with the Geneva Convention;

(d) where the requesting person is from a safe third country, in accordance with Article 27 of Council Directive 2005 /85/EC and, where appropriate, with the list drawn up by the European Union, where, in the light of their particular circumstances, receive a treatment in which their life, integrity and freedom are not threatened by reason of race, religion, nationality, membership of a social group or political opinion, the principle of non-discrimination is respected. return, as well as the prohibition of expulsion in case of violation of the right not to be subjected to torture or to cruel, inhuman or degrading treatment, there is a possibility to apply for refugee status and, if refugee, to receive protection under the Geneva Convention, provided that the applicant is readmitted in that country and there are links for which it would be reasonable for the applicant to go to that country. For the implementation of the safe third country concept, the existence of a relationship between the asylum seeker and the third country concerned may also be required for which it would be reasonable for the applicant to go to that country;

(e) where the applicant has reiterated an application already refused in Spain or submitted a new application with other personal data, provided that no new relevant circumstances are raised as regards the conditions particulars or the situation of the country of origin or habitual residence of the person concerned;

f) where the applicant is a national of a Member State of the European Union, in accordance with the provisions of the Protocol to the Treaty establishing the European Community on the right of asylum to nationals of States Member of the European Union.

2. The non-admission to processing provided for in this Article shall be notified within the maximum period of one month from the date of submission of the application. The period of such a period without notification of the decision to the person concerned shall determine the admission to the application of the application and its provisional stay on the territory of Spain, without prejudice to what may be agreed in the resolution. The procedure is final. Non-admission to processing shall entail the same effects as the refusal of the application.

3. The finding, after admission to the application for international protection, of any of the circumstances which would have justified its non-admission, shall be the cause of the refusal.

Article 21. Applications submitted at border posts.

1. Where a foreign person who does not meet the requirements for entry into Spanish territory submits an application for international protection at a border post, the Minister of the Interior may not allow the application to be processed by means of (a) a reasoned decision in respect of any of the cases referred to in Article 20 (1). In any event, the decision shall be notified to the person concerned within the maximum period of four days from the date of his submission.

2. Furthermore, the Minister of the Interior may refuse the application by means of a reasoned decision, which must be notified to the person concerned within the maximum period of four days from the date of his submission, where one of the Assumptions:

(a) those provided for in points (c), (d) and (f) of the first paragraph of Article 25

(b) where the requesting person has made inconsistent, contradictory, implausible, insufficient, or contradictory allegations that contradict information sufficiently contrasted on his or her country of origin, or of habitual residence if is stateless, in such a way as to make it clear that his application is unfounded in respect of the fact that he has a well-founded fear of being persecuted or of serious harm.

3. The period laid down in the preceding paragraph shall be extended to a maximum of 10 days by a decision of the Minister of the Interior, in cases where, in the event of any of the circumstances referred to in point (f) of the first paragraph of Article 4 (1) 25, the UNHCR, in a reasoned manner, so request.

4. A request for a review which shall suspend the effects of the request may be submitted within two days of notification of the decision to refuse or refuse the application. The decision of such request, which shall be the responsibility of the Minister of the Interior, shall be notified to the person concerned within two days of the date on which the request was lodged.

5. The time limit set for agreeing on the admission to be processed, or the refusal of the application at the border, the request for review, or the request for the resolution of the replacement remedy without the express notification of the decision, determine its processing by the ordinary procedure, as well as the authorisation for the entry and provisional stay of the applicant, without prejudice to what can be agreed in the final decision of the file.

Article 22. Stay of the asylum seeker during the processing of the application.

In any event, during the processing of the request for review and the replacement remedy provided for in the fourth and fifth paragraphs of Article 21 of this Law, as well as in the cases in which the adoption of the the measures referred to in the second paragraph of Article 29 thereof, the person applying for asylum shall remain in the premises authorised for that purpose.

CHAPTER II

From processing requests

Article 23. Competent bodies for the instruction.

1. The Office of Asylum and Refuge, under the Ministry of the Interior, is the body responsible for processing applications for international protection, without prejudice to the other functions that are regulated by law.

2. The Inter-Ministerial Committee for Asylum and Refuge is a collegiate body attached to the Ministry of the Interior, which is composed of a representative of each of the departments with competence in foreign and domestic policy, justice, immigration, reception of applicants for asylum and equality.

3. It shall be the tasks of the Commission as provided for in this Law and those other than, together with its operating system, to be established in a regulated manner.

Article 24. Ordinary procedure.

1. Any application for international protection which is admitted to the proceedings shall be initiated by the Ministry of the Interior, and shall be followed by the proceedings of the proceedings. If new interviews are to be conducted for the applicants, those persons shall meet the requirements laid down in Article 17.

2. After the examination of the dossiers, they will be raised to the study of the Inter-Ministerial Committee of Asylum and Refuge, which will make a proposal to the Minister of the Interior, who will be the competent to dictate the corresponding resolution grant or refuse, as appropriate, the right of asylum or subsidiary protection.

3. After six months after the application has been submitted without notification of the relevant decision, it may be deemed to be rejected, without prejudice to the obligation of the Administration to expressly and expressly resolve the in the seventh paragraph of Article 19 of this Law.

Article 25. Emergency processing.

1. The Ministry of the Interior, acting on its own initiative or at the request of the person concerned, shall agree to the application of the urgency procedure, after notification to the person concerned, in the applications in which one of the following circumstances applies:

a) that appear manifestly founded;

(b) that have been formulated by applicants who present specific needs, especially for unaccompanied minors;

(c) to consider exclusively issues that do not relate to the examination of requirements for the recognition of refugee status or the granting of subsidiary protection;

(d) that the applicant is from a country of origin deemed to be safe, in the terms of the provisions of Article 20.1 (d), and of which he holds the nationality, or if he is a stateless person, in which he has his habitual residence;

(e) that the applicant person, without justification, submits his application after the period of one month referred to in the second paragraph of Article 17

(f) the requesting person incurs any of the exclusion or refusal scenarios provided for in Articles 8, 9, 11 and 12 of this Law.

2. Where the application for international protection has been filed in an Internal Center for Foreigners, its processing shall be in accordance with the provisions of Article 21 of this Law for applications at the border. In any event, the applications submitted in these terms, those which were admitted to the proceedings, shall be in accordance with the urgency procedure provided for in this Article.

3. The Inter-Ministerial Asylum and Shelter Commission shall be informed of the dossiers to be dealt with as a matter of urgency.

4. The provisions of Article 24 of the Law shall apply to this procedure, except in respect of time limits which shall be reduced by half.

Article 26. Assessment of applications.

1. The General Administration of the State shall ensure that the information necessary for the assessment of applications for protection is not obtained from those responsible for the pursuit or serious damage, in such a way as to ensure that those responsible be informed that the person concerned is an applicant for international protection whose application is being considered, and that the integrity of the person concerned and the persons in his or her capacity, or the freedom and security of the person concerned, is not jeopardised their relatives who still live in the country of origin.

2. Sufficient evidence of persecution or serious harm is sufficient to resolve the application favourably.

Article 27. File for the request.

The procedure shall be terminated by means of the file of the application when the applicant withdraws or desist from it, in the cases and in the terms of Law 30/1992, of 26 November, regulatory of the Legal Regime of the Public administrations and the Common Administrative Procedure. In any event, it may be presumed that such withdrawal or withdrawal has occurred when the applicant has not responded to requests to provide essential information for his/her application within 30 days, if the request had not been submitted to the a personal hearing to which it was convened, or did not appear for the renewal of the documentation which it would have been provided with, unless it proves that these behaviours were due to circumstances beyond its will.

Article 28. Notification.

For the purposes of communications and notifications, the last address or residence on the file shall be taken into account. When this notification procedure does not succeed, the procedure will be carried out through the Citizen's Portal, the electronic portal of the Asylum and Refuge Office and the bulletin boards, accessible to the public, from the Police Commissioner. or of the Office of Foreigners of the province in which the last place of residence of the applicant and, in any case, the Office of Asylum and Refuge is established. The applicants shall be informed of these matters by formalising their application, which may require the security of Article 16 (4) to be complied with.

Article 29. Resources.

1. The decisions provided for in this Law shall terminate the administrative procedure, except where the request for review provided for in the fourth paragraph of Article 21 has been submitted, in which it shall be understood as ending the administrative route. the decision to which the request is made, and shall be subject to the use of a replacement with a powers of appeal and an appeal before the administrative-administrative jurisdiction.

2. Where a dispute-administrative appeal is brought and the suspension of the contested act is requested, that application shall be considered as a matter of special urgency referred to in Article 135 of Law No 29/1998 of 13 July 1998. Litigation-Administrative Jurisdiction.

3. The person to whom the application has been refused may request his review when new evidence appears, in accordance with the provisions of Law No 30/1992 of 26 November, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure.

CHAPTER III

Of the reception conditions for applicants for international protection

Article 30. General social rights.

1. Applicants for international protection shall be provided, provided that they lack economic resources, the necessary social and reception services in order to ensure the satisfaction of their basic needs under conditions of dignity, without prejudice, as foreign nationals, as established in the Organic Law 4/2000, of January 11, on the rights and freedoms of foreigners in Spain and their social integration, and in their regulations of development.

2. Social and reception services specifically intended for applicants for international protection shall be determined by the competent Ministry.

3. If it is found that the applicant has sufficient means in accordance with the rules in force, in order to cover the costs inherent in the services and services reserved for persons lacking economic resources, the claim of your refund.

Article 31. Reception of applicants for international protection.

1. Reception services, their definition, availability, programmes and services, specifically intended for persons applying for international protection, shall be determined by the Ministry responsible for handling the services. basic needs of these people. The reception shall be carried out mainly through the own centres of the competent Ministry and those which are subsidised to non-governmental organisations.

The services, aids and benefits of the host programme may be different where the asylum procedure so requires or the assessment of the needs of the applicant is appropriate or is being stopped or on the premises of a border post.

2. The measures necessary to maintain the unity of the family, made up of the members listed in Article 40 of this Law, as they are present in the Spanish territory, shall be adopted, with the agreement of the parties concerned, provided that they are meet the requirements set out in this Law.

Article 32. Work authorization for applicants for international protection.

applicants for international protection will be authorized to work in Spain on the terms they regulate.

Article 33. Reduction or withdrawal of reception conditions.

1. The Ministry responsible for the exercise of the powers relating to the services, aids and benefits of the various host programmes may reduce or withdraw any or all of the reception services in the following cases:

(a) where the applicant leaves the place of residence assigned without informing the competent authority or, if requested, without permission;

(b) where the applicant has access to economic resources and is able to cope with all or part of the costs of the reception conditions or where he has hidden his economic resources, and shall therefore benefit unduly of the host benefits established;

(c) where the application for international protection has been issued, and the person concerned has been notified, except as provided for in the third paragraph of Article 36 of this Law;

(d) where the rights of other residents or of the staff in charge of the centres where they are welcomed are infringed by action or omission, or the coexistence in them is seriously hindered, in accordance with the rules laid down in the rules internal to them;

e) when the authorized program or program period has ended.

2. Applicants for international protection may be subject to reduced or withdrawn support programmes for the host service, as a result of the penalties arising from the commission of any of the offences referred to in paragraph 1. first of this article.

3. For the purposes of the preceding paragraph, the system of faults and penalties to be applied in the host centres shall be the one which the competent ministry establishes in a regulatory manner.

CHAPTER IV

Intervention of the United Nations High Commissioner for Refugees (UNHCR)

Article 34. Intervention in the application procedure.

The submission of applications for international protection shall be communicated to the UNHCR, who may be informed of the status of the files, be present at the hearings to the applicant and submit reports for the request. inclusion in the case.

For these purposes, you will have access to applicants, including those in border dependencies or in foreign or prison detention facilities.

Article 35. Intervention in the processing of international protection.

1. The representative in Spain of the UNHCR will be summoned to the sessions of the Inter-Ministerial Committee for Asylum and Refuge.

2. It shall also be informed immediately of the submission of applications at the border and may, if it wishes, meet with the applicants. Prior to the adoption of the resolutions on these applications, the first, second and third paragraphs of Article 21 of this Law shall be given to the UNHCR.

3. In cases where applications are dealt with under the urgency procedure, and in the case of admission to proceedings under Article 20, if the proposal for a resolution of the Asylum and Shelter Office is unfavourable, a period of 10 days shall be given to the UNHCR so that, where appropriate, report.

CHAPTER V

From the effects of the resolution

Article 36. Effects of the granting of the right of asylum or subsidiary protection.

1. The granting of the right of asylum or of subsidiary protection shall imply the recognition of the rights established in the Geneva Convention on the Status of Refugees, in the regulations in force on immigration and immigration, as well as in European Union legislation, and, in any case:

(a) the protection against the return in the terms established in the international treaties signed by Spain;

(b) access to information on the rights and obligations relating to the content of the international protection granted in a language which is understandable to the person benefiting from such protection;

c) the authorization of residence and permanent work, in the terms established by the Organic Law 4/2000, of January 11, on the rights and freedoms of foreigners in Spain and their social integration;

(d) the issuing of identity and travel documents to those who are recognised as a refugee, and, where necessary, for those who benefit from subsidiary protection;

e) access to public employment services;

(f) access to education, health care, housing, social assistance and social services, to the rights recognised by the law applicable to persons who are victims of gender-based violence, if any, social security and integration programmes, under the same conditions as the Spanish;

g) access, under the same conditions as the Spanish, to continuing or occupational training and work in practice, as well as to the procedures for the recognition of diplomas and academic and professional certificates and other evidence of official qualifications issued abroad;

h) freedom of movement;

i) access to integration programs with a general or specific character to be established;

j) access to voluntary return assistance programs that can be established;

(k) the maintenance of the family unit in the terms provided for in this Law and access to support programmes which may be established for that purpose.

2. In order to facilitate the integration of persons with international protection status, the necessary programmes shall be established, seeking equal opportunities and non-discrimination in their access to general services.

3. Persons with international protection status may continue to benefit from all or some of the programmes or benefits which they would have enjoyed prior to the granting of the status in those cases in which circumstances The Ministry of Labour and Immigration will be required to do so, subject to the arrangements provided for by the Ministry of Labour and Immigration.

4. In specific cases, due to social or economic difficulties, public administrations will be able to put in place complementary services to the public access to employment systems, housing and general education services, as well as specialised services for the interpretation and translation of documents, permanent aids for the elderly and persons with disabilities and emergency economic aid.

Article 37. Effects of the refusals.

Non-admission to processing or the refusal of applications for international protection will determine, as appropriate, the return, return, expulsion, compulsory departure of the Spanish territory or transfer to the territory of the State responsible for examining the application for asylum of the persons who so requested, except that, in accordance with the Organic Law 4/2000 of 11 January, and its implementing rules, any of the following cases are to be found:

(a) that the person concerned meets the requirements to remain in Spain in a situation of stay or residence;

b) that your stay or residence in Spain be authorized for humanitarian reasons determined in the current regulations.

CHAPTER VI

Requests for International Protection in Embassies and Consulates

Article 38. Applications for international protection in Embassies and Consulates.

In order to attend to cases that occur outside the national territory, provided that the applicant is not a national of the country in which the diplomatic representation is located and is in danger of physical integrity, Ambassadors from Spain may promote the transfer of asylum seekers or asylum seekers to Spain in order to enable the application to be submitted in accordance with the procedure laid down in this Law.

The Implementing Regulation of this Law will expressly determine the conditions of access to the Embassies and Consulates of the applicants, as well as the procedure for assessing the needs of the transfer to Spain.

TITLE III

Of the family unit of persons receiving international protection

Article 39. Maintenance of the family unit.

1. The maintenance of the family of refugees and beneficiaries of subsidiary protection shall be ensured in accordance with Articles 40 and 41 of this Law.

2. Where, during the processing of an application for international protection, the members of the family of the person concerned referred to in Article 40 were also in Spain, and had not submitted a request. Independent of international protection, they shall be authorized to reside in Spain on a provisional basis, subject to the resolution of the application for international protection and in the terms that are determined to be determined.

Article 40. Family extension of the right of asylum or subsidiary protection.

1. The restoration of the family unit of refugees and beneficiaries of subsidiary protection may be ensured by the granting, respectively, of the right of asylum or subsidiary protection by family extension, to their ascending and descending to the first degree, except for cases of family independence, majority of age and other nationality.

The family relationships of the ancestors and descendants must be established by the necessary scientific evidence, in cases where this relationship of kinship cannot be determined without doubt.

Also, by family extension, you may obtain the right of asylum or the subsidiary protection of the refugee or beneficiary of this protection your spouse or person linked by analogous relationship of affectivity and coexistence, except for cases of divorce, legal separation, separation of fact, other nationality or grant of refugee status on the basis of gender, where in the application file it is established that the person has suffered or had been founded fears of persecution singularized by gender-based violence by their spouse or Living.

2. Asylum or subsidiary protection may also be granted by family extension to other members of the family of the refugee or beneficiary of subsidiary protection provided that the dependency on the family is sufficiently established. those and the existence of prior coexistence in the country of origin.

3. The Asylum and Refuge Office shall process applications for family extension. Once instructed, the Inter-Ministerial Committee on Asylum and Refuge will proceed with a study to raise the draft resolution to the Minister of the Interior, who will decide.

4. The resolution on the granting of the right of asylum or of subsidiary protection by family extension shall entail for the beneficiaries the effects provided for in Article 36.

5. In no case shall international protection be granted by family extension to persons incurred in the cases provided for in Article 8 (2) and (3) and Articles 9, 11 and 12 of this Law.

Article 41. Family reunification.

1. Refugees and beneficiaries of subsidiary protection may choose to regroup those listed in the previous article, even if they are already in Spain, without applying for the extension of the status of their enjoyment. This regrouping shall always apply where the beneficiaries are of a nationality other than the refugee or beneficiary of subsidiary protection.

2. In this case, which will be regulated, the refugees or beneficiaries of subsidiary protection will not be required, nor will the beneficiaries of the family reunification be required, the conditions laid down in the current rules of immigration and immigration.

3. The resolution to which the family reunification is agreed shall entail the granting of the right of residence and, where appropriate, of work, of the same validity as that of the regrouping.

4. The family reunification shall be exercised only once, without the persons who have been regrouped and obtained authorization to reside in Spain under the provisions of the previous paragraph, being able to request successive regroupings of their family.

5. In no case shall international protection be granted by family extension to persons incurred in the cases provided for in Article 8 (2) and (3) and Articles 9, 11 and 12 of this Law.

TITLE IV

The cessation and revocation of international protection

Article 42. Cessation of refugee status.

1. They shall cease in the condition of refugees who:

a) expressly so request;

(b) have again, voluntarily, welcomed the protection of the country of their nationality;

c) having lost their nationality, have voluntarily recovered it;

(d) have acquired a new nationality and enjoy the protection of the country of their new nationality;

e) have been established, again, voluntarily, in the country they had abandoned, or out of which they had remained, for fear of persecution;

f) have left the Spanish territory and fixed their residence in another country;

g) cannot continue to refuse the protection of the country of their nationality for having disappeared the circumstances under which they were recognised as refugees; the Spanish State will take into account whether the change of Circumstances are significant enough, without being of a temporary nature, to stop considering the refugee's fears to be persecuted;

h) not having nationality, may return to the country from their previous habitual residence for having disappeared the circumstances under which they were recognized as refugees.

2. The cessation of refugee status will not prevent the continuation of residence in Spain in accordance with current regulations on immigration and immigration. For these purposes, the period of time that the data subjects have legally resided in our country will be taken into account.

Article 43. Cessation of subsidiary protection.

1. Subsidiary protection shall cease when:

a) is expressly requested by the beneficiary person;

(b) the beneficiary has left the Spanish territory and fixed his residence in another country;

(c) the circumstances that led to its concession cease to exist or change in such a way that such protection is no longer necessary. The Spanish State shall take into account whether the change of circumstances is sufficiently significant, without being of a temporary nature, that the person entitled to subsidiary protection is no longer at risk of serious harm.

2. The cessation of subsidiary protection shall not prevent the continuation of residence in Spain in accordance with the legislation in force on immigration and immigration. For these purposes, the period that the data subjects have legally resided in our country will be taken into account.

Article 44. Revocation.

1. Revocation of refugee status or subsidiary protection status shall be carried out when:

(a) any of the exclusion scenarios provided for in Articles 8, 9, 11 and 12 of this Law are met;

(b) the beneficiary has misrepresented or omitted facts, including the use of false documents, which were decisive for the granting of refugee or subsidiary protection status;

(c) the beneficiary person constitutes, for reasons founded, a danger to the security of Spain, or who, having been convicted of a firm sentence for a serious crime, constitutes a threat to the community.

2. The revocation of international protection will result in the immediate application of the existing legislation on immigration and immigration, and, where appropriate, the processing of the corresponding administrative file sanctioning the expulsion from the national territory of the person concerned, in accordance with the provisions of Article 57 of the Organic Law 4/2000 of 11 January 2000 and in its implementing legislation.

3. For the purposes set out in the previous paragraph, the Asylum and Refuge Office shall immediately transfer the revocation to the body responsible for initiating the relevant sanctioning file.

4. By way of derogation from the foregoing paragraphs, no revocation or subsequent expulsion may determine the dispatch of the persons concerned to a country in which there is a danger to their life or their freedom or in which they are exposed to torture or to inhuman or degrading treatment or, where appropriate, in which it does not have effective protection against the return to the following or at risk country.

Article 45. Procedures for cessation and revocation.

1. The Asylum and Refuge Office shall initiate, on its own initiative or at the request of a party, where sufficient legal grounds exist, the procedures for the cessation and revocation of the international protection granted, making it known to the persons concerned.

2. In the case of termination and revocation of refugee status and subsidiary protection, the person concerned shall, in addition to those provided for in Article 17, enjoy the following guarantees:

(a) be informed in writing that their right of asylum or subsidiary protection is being reconsidered, as well as the grounds for such a review;

b) to be granted a hearing procedure for the formulation of allegations.

(c) the competent authority may obtain accurate and up-to-date information from a variety of sources, such as, where appropriate, from the United Nations High Commissioner for Refugees (UNHCR), on the general situation existing in the countries of origin of the affected persons, and

(d) that when information is collected on the particular case in order to reconsider refugee status, such information shall not be obtained from the persons responsible for the pursuit in such a way as to lead to those responsible be informed directly that the person concerned is a refugee whose status is being reconsidered, or that the physical integrity of the person concerned and the persons in his or her office, or the freedom and security of his or her persons, is compromised; family members still living in the country of origin.

3. In the light of the action taken in the handling of the file, the Asylum and Refuge Office may file the file if the causes of the initial termination or revocation are not substantiated.

4. Completed the case of cessation or revocation, the same will be sent by the Asylum and Shelter Office to the Inter-Ministerial Committee for Asylum and Refuge. If it is understood that there are insufficient grounds for the cessation or revocation declaration, it shall order the file of the file.

5. If, on the contrary, at the discretion of the Inter-Ministerial Asylum and Shelter Committee, the cessation or revocation of the case will be brought forward, the latter will raise the motion for a resolution to the Minister of the Interior, who will be the one who resolves.

6. The cessation and revocation shall entail the cessation of the enjoyment of all the rights inherent in the status of a refugee or a beneficiary of subsidiary protection.

7. The time limit for the notification of the decisions to be taken shall be six months from the date of the submission of the application by the person concerned or the notification of the agreement to initiate the cessation or revocation. After that period, and taking into account the applicable suspensions or extensions, the file shall be terminated, and its file shall be made of its own motion.

8. The resolutions provided for in this Title shall end the administrative procedure and shall be subject to a replacement by the Minister of the Interior and the administrative dispute.

TITLE V

Of minors and other vulnerable people

Article 46. General protection regime.

1. Within the framework of this Law, and in the terms in which it is regulated, account shall be taken of the specific situation of persons who are applicants or beneficiaries of international protection in a situation of vulnerability, such as minors, unaccompanied minors, persons with disabilities, elderly persons, pregnant women, single-parent families with minors, persons who have suffered torture, rape or other serious forms of psychological violence or physical or sexual and victims of trafficking in human beings.

2. In view of their special vulnerability, the necessary measures shall be taken to provide for a differentiated treatment, where necessary, of applications for international protection carried out by the persons referred to in the preceding paragraph. In addition, specific treatment shall be given to those who, by their personal characteristics, may have been subject to persecution for a number of the reasons provided for in this Law.

3. For humanitarian reasons other than those mentioned in the subsidiary protection status, the person applying for international protection in Spain may be allowed to remain in the terms provided for in the current regulations on the subject of immigration and immigration.

Article 47. Minors.

Under-applicants for international protection who have been victims of any form of abuse, neglect, exploitation, torture, cruel, inhuman, or degrading treatment, or who have been victims of armed conflict shall receive the appropriate health and psychological assistance and the qualified assistance they require.

Article 48. Unaccompanied minors.

1. Unaccompanied minors shall be referred to the competent services for the protection of minors and shall be brought to the attention of the Prosecutor's Office.

2. In cases where the age minority cannot be established with security, the fact that the Prosecutor's Office will be immediately informed will be made available to determine the age of the alleged child, cooperate with appropriate health institutions which, as a matter of priority and urgency, shall carry out the necessary scientific tests. Refusal to undergo such a medical examination shall not preclude a decision on the application for international protection. As a matter of age, if it is a minor person, the Ministry of Public Health shall make it available to the competent child protection services.

3. Measures shall be taken immediately to ensure that the representative of the minor, appointed in accordance with the legislation in force on the protection of minors, acts on behalf of the unaccompanied minor and assists him with concerning the examination of the application for international protection.

additional Provision First. Resettlement.

The protection framework provided for in this Law will be applicable to persons who are welcomed in Spain under the Resettlement programmes drawn up by the Government of the Nation, in collaboration with the High Commissioner for United Nations for Refugees, and, where appropriate, other relevant International Organizations. The Council of Ministers, on a proposal from the Ministers of the Interior and Labour and Immigration, heard the Inter-Ministerial Committee on Asylum and Refuge, will agree annually on the number of persons who may be resettled in Spain by virtue of these programs.

Refugees resettled in Spain will have the same status as refugees recognized under the provisions of this Law.

additional Provision Second. Displaced.

Temporary protection in the event of a mass influx of displaced persons will be provided for in the Regulation on temporary protection in the event of a mass influx of displaced persons, approved by the Royal Decree 1325/2003, dated October 24.

Additional Provision Third. Training.

The General Administration of the State will ensure that public employees and other persons dealing with applicants for international protection, refugees and persons receiving subsidiary protection, have the appropriate training. For these purposes, the competent ministries shall draw up training programmes to enable them to acquire the skills necessary for the performance of the jobs.

Additional Provision Fourth. Cooperation with other public administrations.

The Autonomous Communities, in accordance with their respective competences in the health, education and social fields, will manage the services and programmes specifically aimed at asylum seekers, in coordination and cooperation with the General Administration of the State.

They will also facilitate access to information on specific social resources for this group, as well as on the different specialized care organizations for asylum seekers.

Additional Provision Fifth. Cooperation within the framework of the European Union.

The Spanish authorities, within the framework of this Law, will take all necessary measures to strengthen the common European asylum and international protection system.

additional Provision Sixth. Collaboration with Non-Governmental Organizations.

Public authorities will promote the activity of legally recognised non-profit associations whose objectives include advice and assistance to persons in need of international protection. Their reports will be incorporated into the timely files of international protection applications initiated by the Ministry of the Interior.

Additional Provision Seventh. Supplementary rules in the field of procedure.

In the absence of any procedural law in this Law, Law 30/1992, of November 26, will be applicable with an extra character.

additional Provision Eighth. Annual Report.

The government will forward to the General Courts an annual report on the number of persons who have applied for asylum or subsidiary protection, the number of persons granted or denied such a status, as well as the the number of resettlements that have been carried out and the number of persons receiving family reunification; ceases and revocations and specific situation of minors or other vulnerable persons.

Transient Arrangement First. Rules applicable to ongoing procedures.

The administrative procedures for the entry into force of this Law will be instructed and resolved in accordance with the provisions of this Law, unless the interested parties expressly request the application of the current regulations. at the time when the application is submitted, as being more favourable to its interests.

Transient Disposition Second. Regulations applicable to persons authorised to reside in Spain for humanitarian reasons.

The persons who had obtained an authorization to remain in Spain for humanitarian reasons as provided for in Article 17.2 of Law 5/1984 of 26 March, regulating the right of asylum and the condition of In the light of the provisions of Article 31 (3) of its implementing Regulation, which was approved by Royal Decree 203/1995 of 10 February 1995, it will be able to benefit from the right to subsidiary protection provided for in this Regulation. Law.

Single Derogation Provision. Regulatory repeal.

Law 5/1984, of March 26, is repealed, regulating the right of asylum and refugee status, and how many provisions of equal or lower rank are contrary to the provisions of this Law.

final Disposal First. Competence title.

This law is dictated by the provisions of Article 149.1.2ª of the Constitution, which attributes exclusive competence to the State on the right of asylum.

final Disposal Second. Incorporation of European Union law.

This Law incorporates into Spanish law Directive 2003 /86/EC of the Council of 22 September on the right to family reunification; Council Directive 2004 /83/EC of 29 April 2004 on the right to family reunification minimum standards relating to the requirements for the recognition and status of third-country nationals or stateless persons as refugees or persons in need of other types of international protection, and the content of the protection granted; and Council Directive 2005 /85/EC of 1 December on minimum standards for procedures which Member States should apply in order to grant or withdraw refugee status.

third Final Disposal. Regulatory development.

The Government is authorised to issue, within six months, how many provisions of a regulatory nature require the development of this Law.

fourth Final Disposal. Entry into force.

This Law shall enter into force on the twentieth day of its publication in the Official Gazette of the State.

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this Law.

Madrid, 30 October 2009.

JOHN CARLOS R.

The President of the Government,

JOSE LUIS RODRIGUEZ ZAPATERO