Spain: Information on whether Spain grants refugee status or asylum to citizens of Equatorial Guinea, on the treatment of persons who claim refugee status in Spain, and on the Spanish refugee determination system
|Publisher||Canada: Immigration and Refugee Board of Canada|
|Author||Research Directorate, Immigration and Refugee Board, Canada|
|Publication Date||1 October 1997|
|Citation / Document Symbol||ESP27978.E|
|Cite as||Canada: Immigration and Refugee Board of Canada, Spain: Information on whether Spain grants refugee status or asylum to citizens of Equatorial Guinea, on the treatment of persons who claim refugee status in Spain, and on the Spanish refugee determination system, 1 October 1997, ESP27978.E, available at: http://www.refworld.org/docid/3ae6abb390.html [accessed 3 August 2015]|
|Disclaimer||This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.|
For information on the Spanish refugee determination system beyond that provided in previous Responses to Information Requests such as ESP17986.E of 21 July 1994, please consult the attached documents.
Two of the attachments describe the "asylum procedure" in Spain (World Refugee Survey 1997 and World Refugee Survey 1996). Another attachment provides an overview of asylum procedures in Spain in 1992 and a description of the changes that would become effective under legislation that was enacted afterwards (World Refugee Report 1993). The fourth attachment is a compilation of excerpts from recent issues of the United Nations High Commissioner for Refugees (UNHCR) publication Europe at a Glance found in the Refworld database and referring to asylum in Spain.
The Refworld database also includes the text of Spain's asylum-related legislation in Spanish, which states that foreigners who wish to seek asylum in Spain must request it at an office of the Bureau of Asylum and Refuge (Oficina de Asilo y Refugio), a border entry point, a Foreigners' Bureau (Oficina de Extranjeros), provincial or district police stations designated by the Ministry of Justice and Interior, and Spanish diplomatic and consular offices abroad (Real Decreto 203/1995 10 Feb. 1995). The legislation providing for this also contains an extensive description of the process of presenting and formalizing asylum requests at border points of entry (article 19), re-examination procedure for requests denied at borders points of entry (art. 21), processing of asylum requests including hearing procedures (arts. 24 through 29), provision of social and economic assistance for asylum claimants (art. 30), situation of those recognized as refugees (Chapter IV), and other related matters. Although the pertinent legislation is available through the Refworld database at your Regional Documentation Centre, an English or French translation is not currently available to the Research Directorate and thus cannot be attached to this Response to Information Request.
Please note that neither the above-cited legislation nor the attached documents contain a reference to exceptions or particular considerations for citizens of Equatorial Guinea.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
Kingdom of Spain. 10 February 1995. Real Decreto 203/1995 Approving Regulation of the Application of Law 5/1984. (Refworld)
Europe at a Glance [Geneva]. December 1995-November 1996. "Spain." (Excerpts found under this country sub-heading) (Refworld)
World Refugee Report. July 1993. Washington, DC: U.S. Department of State, pp. 164-66.
World Refugee Survey 1997. 1997. Washington, DC: U.S. Council for Refugees, pp. 212-13.
World Refugee Survey 1996. 1996. Washington, DC: U.S. Council for Refugees, pp. 168-69.