Spanish Immigration Policy and Refugee Legal Framework

Planes of Action

Global Regulation and Coordination of Foreigners and Immigration (GRECO), multi-year (2001-2004). Basic lines:

"Comprehensive and coordinated design of immigration as a desirable phenomenon in Spain. Actions directed at improving knowledge of migration and developing places of origin to stem the loss of human capital."

• Integration: Integration of foreign residents and their families who actively contribute to the growth of our country, ensuring access to social and individual rights.
• Regulation: Regulation of migration flows to ensure peaceful coexistence within Spanish society.
• Protection: Maintenance of the protection system for refugees and displaced persons through the implementation of international treaties on the subject, including establishing a common process for asylum, reception, and protection.

The IMSERSO included within the line of grants to nonprofit organizations, actions aimed at improving the welfare of immigrants.

Refugee Status and Social Welfare

Definition: People who, due to well-founded fear of persecution based on race, religion, nationality, or political opinion, are outside the country of their nationality and are unable or unwilling to invoke the protection of that country.

Legal Framework

Law 5/84 regulating the right to asylum, as amended by Law 9/94 and its implementing regulations. The text of the 1994 innovations includes:

• Deletes the distinction between different refugee statutes, defining the right to asylum protection as that given to foreigners who are recognized as refugees.
• Establishes an earlier stage in the review of applications to allow quick rejection of applications.
• Modifies the effects of the decision to reject an asylum application; when it is declared inadmissible, the applicant must leave Spanish territory.

Refugee Status Procedures and Rights

Law 9/94 made a broad study of admission procedures and requirements when acquiring refugee status. The rights of those who achieve refugee status are:

• Authorization of residence in Spain.
• Facilitation of identity and travel documents required.
• Authorization for secondary employment, professional, or commercial.
• Any others that may be collected in international conventions.