Refugees wait for transport after arriving on the ferry 'Nissos Samos' from Lesvos island at the port of Piraeus, Greece, 11 December 2017. EPA/ORESTIS PANAGIOTOU
Refugees wait for transport after arriving on the ferry 'Nissos Samos' from Lesvos island at the port of Piraeus, Greece, 11 December 2017. EPA/ORESTIS PANAGIOTOU

A ruling by the Spanish Superior Court of Justice ordered asylum seekers who had returned to Spain under the Dublin Regulation to be newly admitted to the country's migrant reception system.

The Superior Court of Justice (TSJ) of Madrid has ordered Spanish authorities to guarantee that asylum seekers who return to Spain from other European countries due to the Dublin Regulation are not excluded from the country's migrant reception system. These asylum seekers are dubbed 'dublinanti' (Dubliners') in slang. 


According to the European Council on Refugees and Exiles (ECRE), the TSJ found that the right to jurisdictional protection was violated in the case of two plaintiffs according to Article 24 of the Spanish Constitution. The plaintiffs were denied lodging in the asylum-seeker reception system upon their return to Spain. 

The case of 20 abandoned asylum seekers 

In a statement, ECRE said the case came about after the Spanish Ministry for Labour, Migration and Social Security withdrew reception measures based on the fact that asylum seekers had refused their right to reception by leaving the country. As a result of this measure, at least 20 people who returned to Spain under the Dublin Regulation were abandoned in Madrid. 

Spain received 7,570 Dublin requests between January and September 2018 according to official statistics. The majority were emitted by France (3,508) and Germany (2,264). 

Instructions adopted by ministry after ruling 

To comply with the TSJ ruling, the Spanish Labour Ministry has adopted instructions that guarantee the right of asylum seekers who return based on the Dublin system to re-enter the reception system and benefit from an adequate standard of living. 

The ministry modified the guidelines for reception currently in effect in the country by clarifying that reception cannot be revoked for having left the place of residency if an asylum seeker is sent back to Spain under the Dublin Regulation.
 

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