Asylum in Spain – Application Process and Key Steps

Last updated: 11 March 2026

Introduction:
Spain is one of the most popular countries in Europe for asylum applications due to its tradition of protecting human rights and the accessibility of the procedure.

Today, I will explain the asylum application process in Spain in detail, covering all the key stages:
1. Submitting the application.
2. The examination of the case at the OAR (Oficina de Asilo y Refugio).
3. Appeal.
4. Court proceedings.
5. Submitting a new application .

This material will help you understand what to expect at each stage of the process and how to properly prepare your case.

1. Applying for asylum

The asylum application process in Spain begins with registering your application.

At the border or airport
• If you apply for asylum upon entering Spain (at the airport, at the border), it will be registered by the police.• The application will be forwarded to the OAR for further processing.

Inland
• If you are already in Spain, the application will be submitted through the Police Stations (Comisarías de Policía) or at the OAR offices.

The stages of the application:
1. Registering the application.2. Submitting a form explaining the reasons and enclosing the evidence.3. Submitting your biometric data.

Submission deadlines:
• The application must be submitted within 1 month of arriving in Spain.

What documents are required?
• Passport or identity documents.• A detailed description of the reasons why return to the country of origin is not possible.• Evidence of threats (threatening letters, court summonses, medical certificates, expert reports).

2. Processing of your application at the OAR

Once your application has been registered, it is transferred to the OAR (Oficina de Asilo y Refugio), which is responsible for processing it.

What happens at the OAR?
1. You will be scheduled for an interview where you explain the reasons for your application.2. The interview will be conducted with an interpreter, if necessary.3. You can provide additional evidence, including an expert report.

What is important to know about the interview?
• It is held to determine the validity of your application.• You must provide all the evidence to support your words.

Outcome of the examination:
• If your application is approved, you will be granted refugee status (protección internacional) or subsidiary protection (protección subsidiaria).• If your application is rejected, you can appeal.

3. Appeal

If your application is rejected, you can appeal this decision to the administrative court.

The appeal process:
1. The appeal must be filed within 1 month of the refusal.2. You can submit additional evidence, including an expert report.

What happens in court?
• The judge considers the case based on the materials provided.• The applicant and their lawyer present their arguments.• The court can overturn the refusal or confirm it.

4. The role of the expert report in the appeal

At the appeal stage, the expert report becomes a key tool

It helps:

• Confirm that the RPD decision failed to take into account important aspects of the case.
• Point out errors in the interpretation of evidence or the situation in the country.
• Substantiate new evidence if the situation in the applicant's country has changed.

What is a Country Expert Report?
An expert report is an independent document prepared by an expert to confirm the reality of threats in the applicant's country.
The report's objectives are to:

Confirm the overall context:

• Describe the current situation in the country: political instability, repression, conflicts.
• Show how these conditions affect the applicant.

Strengthen the evidence base:

• Justify that the applicant belongs to a vulnerable group.
• Show why he cannot safely return to his country.

Support the facts with links:

• Each fact is confirmed by references to Amnesty International, Human Rights Watch, the UN and others.

Russia and CIS Expert: Assistance in preparing expert witness reports for asylum applicants from Russia, Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan

My name is Maxim Kharitonov, and I am an expert on human rights , political repression, and social abuses in the CIS countries. My work focuses on providing objective and professional expert witness reports for asylum seekers in countries such as the United States, United Kingdom, Canada, and the European Union. I specialize in analyzing and presenting evidence supporting the risks of persecution in the former Soviet Union.

My achievements:

• Over 100 successfully prepared expert witness reports for asylum applicants from CIS countries, including Russia, Belarus, Tajikistan, Ukraine, Armenia, Azerbaijan, Kazakhstan, Georgia, Kyrgyzstan, Moldova, Turkmenistan, and Uzbekistan – at the appeals and initial application stages.
• Collaboration with leading US and UK law firms, including the preparation of reports that have become key evidence in successful asylum cases.
• Winner of the Expert Witness Awards 2024 in the category "Best Expert on Immigration Issues".
• My in-depth knowledge of the legal and political situation in the CIS countries allows me to objectively assess the risks of political persecution, human rights violations, and other factors affecting the safety of applicants.
• Recognition as a respected expert in the field of human rights and political repression, including inclusion in the Experts for Immigration and Justice (EIN) database: https://www.ein.org.uk/experts/kharitonov

Having gone through the asylum process myself, I understand how important it is to present the court with a complete and accurate picture of what happened.

If you are looking for a professional expert on political asylum issues from the CIS countries, my services will help you prepare a strong and compelling case for your clients.

How I prepare an expert report:

• Analysis of the General Situation: I examine the political, religious and social conditions in the applicant's country of origin, including repression, persecution, human rights violations and other threats.
• Analysis of the applicant's circumstances: I study the statement, interview, provided documents and the decision of the court or immigration authority.
• Research: I use international and local sources, such as Amnesty International, Human Rights Watch, the UN , and local media. I support every fact with references using the OSCOLA methodology.
• Compliance with standards:
• My reports are strictly regulated and comply with the guidelines set out in the Upper Tribunal's Practice Direction on Expert Evidence.
• Having accepted responsibility for the analysis and preparation of the report, I confirm the accuracy of all facts presented and the correctness of the opinions expressed.

Declaration of Truthfulness:

At the end of each report, I sign a declaration confirming that all information presented is based on reliable sources and that the opinions expressed are my own.

Liability to Court:

• My professional remuneration is not dependent on the outcome of the case, which guarantees objectivity and the fulfillment of my duty to the court.
• In some cases, I may be called to court to provide evidence regarding circumstances in the appellant's country of origin.

— Maxim Kharitonov

How to contact me
: Email: info@thehuman-rights.com

Application on the website:
thehuman-rights.com

Working hours:

• I respond to requests within 1 hour.

• I prepare reports within 1 week, including complex and extensive cases.

5. Appeal to the Council of State (Conseil d'État)
If your appeal is rejected, you can file a complaint with the Conseil d'État, France's highest court.

When is this possible?
A complaint is filed in the event of legal errors or procedural irregularities at the CNDA.

The filing process:

• The complaint must be filed within 2 months of the CNDA refusal.
• The court may overturn the CNDA's decision and remand the case for retrial.

6. New application (réexamen)
If all previous attempts have been unsuccessful, you can submit a new application based on new circumstances.

What do you need for a new application?

• New evidence confirming the change in the situation in the country.
• Expert report substantiating the relevance of the threats

7. Fresh Claim
If all the previous steps fail, you can file a Fresh Claim.To do this, you need:

• New evidence that significantly changes the essence of the case.
• An expert report confirming changes in the situation in the country.

Conclusion:
The asylum application process in France is complex, but with the right preparation and support, you have every chance of success.

An expert report is a key tool to help you explain your story and justify the risks.

Contact me:

• Email: info@thehuman-rights.com
• Web: thehuman-rights.com