LEGAL GUIDES

REFUGEE STATUS:
GETTING THE POLITICAL ASYLUM

In late 2013 more of 45 million people were forcibly displaced from their countries of origin, three million more than the previous year. Half of the refugees come from five states affected by armed conflict: Afghanistan, Iraq, Somalia, Syria and Sudan.

In light of the Convention relating to the Status of Refugees Geneva, refugee status to any person who owing to well founded fear of being persecuted for reasons of race recognized, religion, nationality, political opinions, membership of a particular social group, gender or sexual orientation, It is outside the country of his nationality and is unable or, because of such fear, unwilling to avail himself of the protection of that country; or stateless person having a nationality and being outside the country of his former habitual residence, for the same reason you can not or owing to such fear, unwilling to return to it.

Thus the applicant must prove that he is persecuted in his home country.

Such acts of persecution will cover the following ways:
a) acts of physical or mental, including acts of sexual violence;
b) legislative measures, administrative, police or judicial measures which are in themselves discriminatory or applied in a discriminatory manner;
c) denial of judicial redress resulting in a disproportionate or discriminatory punishment;
d) sexual acts involving adults or children.

It should be granted the right to the operating subsidiary protection in cases where serious damage occurs by:
• sentenced to death penalty or the risk of its material execution;
• torture and inhuman or degrading treatment in the country of origin of the applicant;
• serious threats to the life or integrity of civilians by reason of indiscriminate violence in situations of international or internal conflict.

The application for asylum in Spain must be filed within one month from the entry into the same, except in cases where the foreign enjoy a period of legal stay top. In this case it can be presented before its expiry.

Foreigners wishing to seek asylum in Spanish territory and finding must apply through personal appearance before the Refugee Office, border entry to Spanish territory, foreign internment centers, Foreign offices, Provincial police stations or district police stations are indicated by order of the Ministry of the Interior. If you are outside Spain, before Spanish diplomatic missions and consular posts abroad.

The request is formalized with the completion and signature of the form by the applicant, you should thoroughly describe the facts, information or allegations to substantiate its claim. In such application shall attach: photocopy of your passport or travel document and other documents of personal identity or otherwise deems appropriate in support of it.

If the applicant does not provide any personal documentation, You must justify the cause of such failure. Also, asylum seekers who are in Spanish territory have the right to an interpreter and legal assistance for filing your application and throughout the process.

Finally, the applicant shall specify the persons who are dependent on him or his immediate family, specifying whether these requests for asylum by extension. If such persons are in Spanish territory, They must appear in person with the applicant, corresponding carrying personal documents.

For more information please contact us.

Domenico Guarneri y Demetrio Romeo

807 464 712
abogadoslatinos.es
abogadosdeextranjeria.com

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REFUGEE STATUS:
OBTAINING ASYLUM

At the end of 2013 more than 45 millions of people have been forcibly displaced from their countries of origin, three more than the previous year. Half of the refugees come from five states affected by armed conflict : Afghanistan, Iraq, Somalia, Sudan e Siria .
In the light of the Convention on the Status of Refugees Geneva to any person who rightly fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, It is outside the country, of his nationality and is unable or does not want to, because of this fear, benefit from the protection of this country: or that, not having a nationality and being outside the country of his former habitual residence as a result of such events, unable or unwilling to return.
So the applicant must prove that he is persecuted in his country of origin.
Acts of persecution referred to above may include the following methods:
a) acts of physical or mental violence, including sexual abuse;
b) legislative measures, administrative, police or judicial authorities which are discriminatory in itself or which are applied in a discriminatory manner;
c) denial of legal protection from which derive disproportionate or discriminatory punishment
d ) sexual acts involving adults or children.

It is granted the right to proteziones subsidiary in cases where they produce serious damage to:
• death sentence;
• torture and inhuman or degrading treatment in the country of origin of the applicant;
• Serious threats against life or physical integrity of civilians caused by indiscriminate violence in situations of international or internal conflict.
The application for asylum in Spain must be filed within one month from the date of entry, except in cases where the alien has a period of legal stay longer. In this case can occur before the expiry.
Foreigners who wish to apply for asylum already being in Spanish territory must submit the application in person at the Office of Refugees, Customs, internment centers for foreigners, "Immigration Offices", police station or police stations that are designated by decree of the Ministry of the Interior. If you are outside of the Spanish territory, Spanish diplomatic missions and consular offices abroad.
The application is made by completing and signing the form by the applicant, it must accurately describe the facts, data or arguments in support of this testimony. The request must be attached: copy of the passport or travel document and other documents of personal identity or it deems appropriate in support of it.
If the applicant does not provide any personal documentation should justify the reason for this omission. Also, asylum seekers in the Spanish territory have the right to an interpreter and legal assistance for the entire course of the proceedings.
Finally, the applicant must indicate the people who depend on him or his family, whether you seek asylum for extension. If these people find themselves in Spanish territory, They must appear in person with the applicant, presenting their personal records.
For more information please contact us.

D. Guarneri y D. Romeo

807 464 712
abogadoslatinos.es
abogadosdeextranjeria.com