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15/10/2020
ES: The Supreme Court confirmed the applicants' right to apply for international protection at the Spanish embassies and consulates
15/10/2020
ES: The Supreme Court confirmed the applicants' right to apply for international protection at the Spanish embassies and consulates

ECLI
ECLI:ES:TS:2020:3445
Input Provided By
EUAA Information and Analysis Sector (IAS)
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
Other EU legislation; Treaty on the Functioning of the European Union (TFEU)
Reference
Spain, Supreme Court [Tribunal Supremo], Ministry of Interior v Araceli and Adolfo, STS 3445/2020; Resolution no. 1327/2020, ECLI:ES:TS:2020:3445, 15 October 2020. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1921
Case history
Other information
Abstract

The case concerned applications for international protection lodged at the Spanish Embassy in Greece by third country nationals under the relocation program. 


The Supreme Court analysed the question of the legal regime applicable to applications for international protection filed outside the national territory under Article 38 of Law 12/2009, regulating the right to asylum and subsidiary protection, and if it is applicable to them, and, in that case, how the provisions of the afore-mentioned precept, despite not having been object of regulatory development, specifying to which country the phrase "may your physical integrity be at risk," if it refers to the country of origin of applicants for international protection, or, on the contrary, to the country in which the request is submitted, and what is the legal consequence of the lack of response to the request submitted.


The Supreme Court clarifies that the right to apply for international protection is already recognised in the law. The lack of a specific regulation detailing such procedure at the embassies and consulates should not be an obstacle for the applicant's right to asylum. Additionally, the court ruled that the risk assessment for the physical integrity of the applicant, must be understood as referring to the situation of the application in the country of origin and that the lack of resolution by the administration is an act susceptible to challenge.


Country of Decision
Spain
Court Name
ES: Supreme Court [Tribunal Supremo]
Case Number
STS 3445/2020; Resolution no. 1327/2020
Date of Decision
15/10/2020
Country of Origin
Keywords
Access to asylum procedures
Effective remedy