What Happens When an Asylum Application Is Denied?
The decision denying the asylum application is officially notified to the applicant in writing and must state the reasons for the denial. From the moment of notification, the legal deadlines for appealing begin, so acting quickly is very important.
Appeal deadlines are short and final. Immediately after receiving the denial decision, record the exact date of notification and contact a legal advisor so that no deadline is missed.
Two Routes of Appeal
| Route | Deadline | Feature |
|---|---|---|
| Recurso de reposición (administrative appeal) | Usually one month | Optional, filed with the same authority that issued the decision |
| Appeal to the Audiencia Nacional | Two months from notification | The main, judicial appeal route |
Appealing to Spain's National Court
The appeal must be filed within two months of the date the denial decision is notified, with Spain's National Court (Audiencia Nacional). This court reviews the case for compliance with the law and can uphold, overturn, or send the original decision back for reconsideration.
Before going to court, you can file an administrative appeal (recurso de reposición) with the same authority that issued the decision, but this step is not mandatory, and you can go directly to court.
An Alternative: Residency on Humanitarian Grounds
Even if the full legal definition of asylum is not met, in cases where the person would face a real risk of serious harm upon returning to Iran, an application for residency on humanitarian grounds can be submitted. This alternative route can remain available even after asylum is finally denied.
General Appeal Steps
- Carefully record the date the denial decision was notified
- Consult a specialized lawyer immediately to assess the chances of appeal and choose the right route
- If needed, file a recurso de reposición or an appeal directly with the Audiencia Nacional
- At the same time, look into the possibility of applying for residency on humanitarian grounds
Frequently Asked Questions
How long do I have to appeal an asylum denial?
Two months from the date the denial decision is officially notified, to file an appeal with Spain's National Court (Audiencia Nacional).
What is a recurso de reposición and is it mandatory?
It is an optional administrative appeal that, before going to court, can be filed with the same authority that issued the decision. It is not mandatory.
If the appeal is also denied, is there another option?
Yes, in cases where the person would face a real risk of serious harm upon return, an application for residency on humanitarian grounds can be submitted.
During the appeal process, can I be deported from Spain?
Filing the appeal on time can have a suspensive effect on the deportation process, but it depends on the exact circumstances of each case.