Spain: Information on the documents normally issued by Spain to a successful refugee claimant
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 April 1997 |
| Citation / Document Symbol | ESP26628.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, Spain: Information on the documents normally issued by Spain to a successful refugee claimant, 1 April 1997, ESP26628.E, available at: https://www.refworld.org/docid/3ae6abbf8.html [accessed 20 May 2023] |
| 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. |
According to information provided by the Embassy of Spain in Ottawa, refugees and their relatives are given ad hoc documentation that enables them to reside and work or conduct business in Spain, as well as travel documents according to article 28 of the Geneva Convention (28 Apr. 1997).
According to the most recent legislation on the subject, Royal Decree 203/1995, the Inter-ministry Commission of Asylum and Refuge (Comisión Interministerial de Asilo y Refugio) proposes which documentation will be issued to those who apply for asylum (solicitantes de asilo), to those recognized as refugees (refugiados reconocidos), and to those who are allowed to remain in Spain on humanitarian or public interest grounds (art. 2.1.d) (ibid.). According to article 13 of this law, a person applying for asylum would receive a stamped certificate of his or her application, which is attached to the applicant's passport, allowing for a temporary stay in Spain of up to 60 days; once the application is accepted, the applicant will be given an asylum applicant document (documento de solicitante de asilo) that will allow the person to remain in Spain while the case is processed (ibid.). Upon receiving this document, the applicant will deposit for safekeeping his or her travel and other personal documents (if they were not deposited earlier) until the application is resolved (ibid.). Article 29 states that once asylum is granted, the authorities will issue the refugee and his or her dependents or family members recognized as part of the refugee's family unit (familiares a quienes se haya reconocido la extensión familiar), identity documents that allow them to reside, work and conduct business in Spain according to the existing legislation and as long as they have refugee status in Spain (ibid.). Articles 16 and 29 state that in cases where the interested party applied for refugee status outside Spain, Spanish authorities can issue visas, entry permits and travel documents as needed to allow the person to travel to Spain (ibid.).
This Response was prepared after researching publicly accessible information currently available to the DIRB 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.
Reference
Embassy of Spain, Ottawa. 28 April 1997. Letter and information package received by the DIRB.
