Proposal to allow asylum applications at Spanish embassies and consulates

Automatic summary, not yet reviewed

1. The bill would allow people to apply for international protection at Spanish embassies and consulates abroad, through any legally valid means and using a form created by the Ministry of the Interior. The consulate would have to guarantee physical access or a safe space to serve applicants.
2. If an applicant is in physical danger, if non-refoulement is at risk, or in exceptional humanitarian circumstances, the embassy could promote their transfer to Spain. The Minister of the Interior would decide, on the proposal of the Interministerial Commission on Asylum and Refuge.
3. The right to apply for international protection would extend to people under the effective control of Spanish authorities, even if they are not on Spanish territory, such as those intercepted in international waters.
4. Applications could be filed by any legally admitted means and would have to be registered within a maximum of three business days if filed with the competent authority, or six if not. Illegal entry could not be punished for a person who qualifies for international protection.
5. The sponsors justify the reform because the current 2009 law removed the diplomatic route to asylum and the required regulatory development never happened, which creates legal uncertainty and uneven practices across consulates.
6. The Government could issue the rules needed to implement the law, which would take effect the day after its publication in the Official State Gazette (Boletín Oficial del Estado).

Who it affects

• Refugees or people fleeing persecution who are in a third country.: They could apply for asylum at Spanish embassies and consulates and, in cases of danger, be transferred to Spain.
• Foreign nationals already in Spain who want to apply for international protection.: They would have maximum registration deadlines and could file applications by any legally admitted means.
• People intercepted by Spanish authorities outside Spanish territory, for example in international waters.: They could apply for international protection because they are under effective Spanish control.
• Embassies, consulates and the Ministry of the Interior.: They would have to process these applications and organize transfers and interviews.

Words worth knowing

Principio de no devolución (non-refoulement)

The ban on returning a person to a country where they face persecution or serious harm.

Protección subsidiaria (subsidiary protection)

Protection granted to someone who is not a refugee but faces serious risks in their home country, such as the death penalty or widespread violence.

Apátrida (stateless person)

A person who has no nationality in any country.

Días hábiles

Business days, not counting weekends or holidays.

Transposición de una directiva (transposition of a directive)

Adapting a European Union rule into Spanish law so it applies here.

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