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What it is

Bill to allow asylum applications at Spanish embassies and consulates

Admitted step 2 of 7 · Withdrawn

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 12 January 2024. Introduced by: Grupo Parlamentario Plurinacional SUMAR.

Official title: Private member's bill on access to the right of asylum and applications for international protection in embassies and consulates.

Source: Congreso de los Diputados, file 122/000049· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would allow people under the effective control of Spanish authorities to apply for international protection, even if they are not on Spanish territory, such as people intercepted in international waters.
  2. It would restore the possibility of applying for asylum at Spanish embassies and consulates, a route that existed from 1984 to 2009 and that the current law removed. Applications could be submitted by any legally valid means and would be confirmed through a personal interview at the embassy or consulate within two months at most.
  3. When an applicant's physical safety is at risk, when non-refoulement is at stake, or in exceptional humanitarian circumstances, the embassy could promote the applicant's transfer to Spain. The Interior Minister would decide, on the proposal of the Interministerial Commission on Asylum and Refuge.
  4. The bill sets clear deadlines for filing and registering applications in Spain: filing within one month at most, and registration within three business days if done before the competent authority, or six if not. It would also ban punishing irregular entry by people who qualify for international protection.
  5. The stated goals are threefold: better guarantee the principle of non-refoulement, meet the obligation to transpose Directive 2013/32/EU, and restore diplomatic-route access to asylum with greater legal certainty.

Who it affects

  • Refugees or people fleeing persecution who are in a third country: They could apply for international protection at Spanish embassies and consulates and, in cases of danger, be transferred to Spain.
  • People intercepted by Spanish authorities outside Spanish territory, for example in international waters: The bill would recognize their right to apply for international protection.
  • People already in Spain who want to apply for asylum: They would have maximum deadlines for filing and registering their application, and would not be punished for irregular entry if they qualify.
  • Embassies, consulates and the Ministry of the Interior: They would have to receive applications, guarantee physical access or a safe space, and decide on transfers.

Words worth knowing

Principio de no devolución (non-refoulement)
The ban on returning a person to a country where their life or freedom would be at risk.
Protección subsidiaria (subsidiary protection)
Protection for people who are not refugees but would face serious harm if returned to their country.
Apátrida (stateless person)
A person who has no nationality at all.
Días hábiles
Business days, not counting weekends or holidays.
ACNUR (UNHCR)
The United Nations Refugee Agency.

It summarizes the text as it was introduced. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 2 of 7 steps. It reached Admitted, and today it is withdrawn.

  1. Introduced12 January 2024Someone registers the text in the Congreso.
  2. Admitted16 January 2024The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsnot reachedGroups propose changes.
  4. Committeenot reachedA committee goes through the text in detail.
  5. Plenarynot reachedAll 350 deputies vote.
  6. Senatenot reachedThe Senate can pass it, amend it or veto it.
  7. BOEnot reachedIt is published in the Official State Gazette (BOE) and comes into force.
See the 6 official steps on a timeline
Jan 2024Feb 202411. 12 January 2024: Presentación22. 16 January 2024: Boletín Oficial de las Cortes Generales Publicación desde 16/01/2024 hasta 19/01/202433. 16 January 2024: Calificación44. 19 January 2024: Gobierno Contestación desde 19/01/2024 hasta 07/03/202455. 7 March 2024: Pleno Toma en consideración desde 07/03/2024 hasta 12/03/202466. 12 March 2024: Concluido - (Retirado) desde 12/03/2024 hasta 15/03/2024

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

Whoever introduced it withdrew it, or it was merged into another one. It goes no further.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.