THE ORGANISATION OF RECEPTION FACILITIES FOR ASYLUM SEEKERS IN DIFFERENT MEMBER STATES

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1 THE ORGANISATION OF RECEPTION FACILITIES FOR ASYLUM SEEKERS IN DIFFERENT MEMBER STATES SPAIN 2013 N.I.P.O.:

2 The (EMN) is an initiative of the European Commission. The EMN has been established via Council Decision 2008/381/EC and is financially supported by the European Union. Its objective is to meet the information needs of EU institutions and of Member States authorities and institutions by providing up-to-date, objective, reliable and comparable information on migration and asylum, with a view to supporting policymaking in the European Union in these areas. The EMN also serves to provide the general public with such information. To that end, the EMN has a network of National Contact Points (NCPs). The Spanish NCP is composed by experts from the Ministry of Employment and Social Security, Ministry of the Interior, Ministry of Foreign Affairs and Cooperation, and Ministry of Justice and the General Prosecutor s Office. It is coordinated by the Deputy General Directorate for Legal Affairs of the General Secretariat for Immigration and Emigration. Contact Deputy General Directorate for Legal Affairs of the General Secretariat for Immigration and Emigration (Co-ordinator of the National Contact Point for the ) José Abascal, Madrid rem@meyss.es Internet: This document is available from: Internet:

3 The Organisation of Reception Facilities for Asylum Seekers in different Member States Spain 2013 This study seeks to offer an insight into the coordination of the Spanish reception system for applicants or beneficiaries of international protection that describes its various aspects in order to identify best practices and areas for improvement, with a view to progressing towards a flexible, efficient, effective and quality management of the reception system for applicants for international protection. This Report has been developed by the Spanish National Contact Point of the. December 2013

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5 INDEX TOP-LINE FACTSHEET (NATIONAL CONTRIBUTION) EXECUTIVE SUMMARY... 7 SYNTHESIS REPORT... 8 SECTION 1. Different types of Reception Facilities and different Actors SECTION 2. Take up of Reception Facilities: Factors determining access to the different types of facilities SECTION 3. Quality: National Legislation on Material Reception Conditions SECTION 4. Flexibility SECCIÓN 5. Efficiency SECCIÓN 6. Conclusions ANNEX 1. Reception Conditions in different Reception facilities

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7 Top-line Factsheet (National Contribution) Executive Summary Article 30 of Law 12/2009, of 30 October 2009, regulating the right of asylum and subsidiary protection states, applicants for international protection will be provided with the necessary social and reception services to ensure that their basic needs are met, provided that they themselves lack the financial resources. It further states (Article 31) that this reception will be provided primarily through the competent ministry s own centres and through the subsidised centres of non-governmental organisations. In relation to these latter, the State adopts the position of coordinator of the actions (with the exception of those affecting minors, since the powers relating to this group are transferred to the Regional Authorities). Spain s reception system takes the form of a mixed system in which we can distinguish between a public network of migration centres (Refugee Reception Centres CAR and Temporary Migrant Accommodation Centres CETI) and other reception facilities and schemes providing care for asylum applicants managed by NGOs that receive funding from the Ministry of Employment and Social Security. It is a comprehensive system that takes care of beneficiaries from the moment they file their application for asylum to the end of the integration process, where applicable. The integration programme lasts for a maximum of 18 months, although this period can be extended if there are reasoned circumstances to support it. Places are allocated according to availability and applicant profile, and a special focus is placed on vulnerable people. The body responsible for the development and management of the comprehensive reception system is the Secretariat General for Immigration and Emigration (SGIE), Directorate General for Migration (DGM), through the Social Work Unit of the SGIE-DGM with the support of the CARs. 7

8 The current context of budgetary austerity is severely restricting the flexibility of the system. Reception capacity is directly linked to the availability of budget funds. Moreover, Spain has to balance its efforts in the reception of asylum seekers with humanitarian assistance for immigrants entering the country illegally, especially in Ceuta and Melilla and via its coasts. Reception care is provided at two public centres and reception facilities managed by NGOs that receive funding from the Ministry of Employment and Social Security. Synthesis Report This study seeks to offer an insight into the coordination of the Spanish reception system for applicants or beneficiaries of international protection that describes its various aspects in order to identify best practices and areas for improvement, with a view to progressing towards a flexible, efficient, effective and quality management of the reception system for applicants for international protection. The reception system is structured as a mixed and comprehensive system. Spain s reception system for applicants for international protection can be described as a mixed system in which we can distinguish between a public network of migration centres (consisting of the Refugee Reception Centres CAR covered by the Ministerial Order of 13 January 1989, the Temporary Migrant Accommodation Centres CETI of Ceuta and Melilla, and any new centres considered necessary) and other reception facilities and schemes providing care for asylum applicants managed by NGOs that receive funding from the Ministry of Employment and Social Security. Hence, the general system is based on providing short-term temporary reception that, in the event of acceptance of the application, is followed up by reception in a centre designed for this purpose, combined with the payment of specific financial aid. This later gives way to a system of financial aid that allows the beneficiary to complete their integration process autonomously. Given this mixed nature, financial and executive responsibility is shared among the different actors involved in coordinating the reception system. For example, financial 8

9 responsibility for reception rests with the State, but the Regional authorities are the competent authority for unaccompanied minors or those in vulnerable situations and hence assume financial responsibility for the reception of this group. With regard to executive responsibility, this is assumed by the State or the Regional Authorities in accordance with their powers; NGOs also assume responsibility for the programmes they carry out. Besides this mixed nature and as a secondary characteristic, it is a comprehensive system that takes care of beneficiaries from the moment they file their application for asylum to the end of the integration process, as applicable. The integration programme lasts for a maximum of 18 months, although this period may be extended if there are reasoned circumstances to support it. Persons to whom any of the following conditions apply may potentially be beneficiaries of the Refugee Reception Centres (CARs): Those who have sought asylum in Spain and have had their application accepted for processing. Those who seek asylum after the aforementioned period due to a change in the social, political or religious circumstances in their country of origin. Any person in possession of the relevant identity document recognising their refugee status, issued by the Ministry of the Interior. Persons who have applied for asylum and have had their application rejected before processing on the grounds that another State is responsible for examining the application, until a response is obtained from the State in question. Those with the status of foreign citizen with temporary or subsidiary protection. The following requirements apply to all cases: They must have no work or financial means to cover their needs and those of their family. They must not suffer from contagious illnesses or mental disorders that could have a negative impact on day-to-day living in the centre. They must agree to abide by the rules of the centre. Beneficiary status and the access to services that accompanies it may change over time, since the legislation allows for any or all of the reception services to be reduced or withdrawn in certain cases. 9

10 The main services and benefits of CARs (which are similar for CETIs) are: temporary accommodation and meals; information and advice on the new situation; advice on accessing the education, health and social systems; psychological care; specialised social care and management of supplementary financial aid; hosting of courses for language learning and basic social skills; guidance and intermediation for vocational training and job placement; occupational and leisure activities, and actions to promote awareness of CAR activities aimed at the host society. In addition, CAR beneficiaries meeting the requirements can obtain financial aid to cover their most basic personal and/or family needs and obtain the means to ensure greater personal autonomy and future social integration. The requirements for this are: they must be an asylum seeker, refugee or have been granted international protection; they must be a beneficiary of a Refugee Centre or, if not at a centre, follow a care programme begun as a resident at the centre, and both the beneficiary and his/her dependents must be without financial resources. In Spain, these services and benefits are reviewed and improved on an ongoing basis. Nonetheless, in accordance with Law 12/2009, of 30 October, regulating the right of asylum and subsidiary protection, the benefits and aid offered under the reception programme may differ if the asylum procedure so warrants, when an assessment of the needs of the applicant is advised, or if the person is detained or held at the facilities of a border control. Specifically, this legislation allows for the possibility of differential treatment for people in vulnerable situations (i.e.minors, unaccompanied minors, people with disabilities, the elderly, pregnant women, single parents with children, persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence, and victims of human trafficking). Specific treatment is also afforded to those who, due to personal characteristics, may have been the object of persecution on several of the grounds set out in this legislation. The body responsible for the development and management of the comprehensive system for the reception of applicants for international protection is the Secretariat General for Immigration and Emigration, Directorate General for Migration. It performs its duties through the Social Work Unit of the SGIE-DGM, which is based at the Asylum and Refuge Office of the Ministry of the Interior. The Social Work Unit allocates places in centres and reception facilities based on availability and applicant profile, with the assistance of the CARs (Article 21 of the Resolution dated 6 July 1998 of the Directorate General of the Institute of Migration and Social Services approves the Basic Statute of the Refugee Reception Centres of the IMSERSO and develops the Order dated 13/1/

11 regulating them). The procedure for the management of reception centre places is set out in a handbook. In general, applicants or beneficiaries of international protection are not permitted to choose the type of accommodation to which they will be assigned. In certain circumstances or changes thereto (such as accommodation capacity, changes in the family unit, medical needs, etc.) the applicant for international protection may be relocated. With regard to the quality and assessment of the system, the operation of the CARs is subject to regulations relating to minimum numbers of staff, services to beneficiaries, infrastructure and material resources. Charters of services 1 have also been drafted, containing information about the services provided and the quality commitments adopted in relation to the latter, and setting indicators for the level of services provided by centres for the purpose of verifying compliance with these quality commitments. This assessment system is still in the early stages. The collaboration agreements with NGOs also set out standards for the reception conditions to be applied, including the material and human resources and infrastructure assigned to each project. Every six months, the interim and final financial and activity reports on the activities implemented by the organisations are sent in, along with the costs of these activities. In addition, regular visits are made to confirm that the activity is being carried out correctly. With regard to flexibility, the Spanish reception system is designed to adapt to a range of potential needs. Adaptive capacity is nonetheless strongly influenced by the availability of budget funds. Spain also has to balance its efforts in the reception of asylum seekers with the need to provide humanitarian assistance to immigrants entering illegally through Ceuta and Melilla or via its coasts. To perform this task, it has two public centres and facilities managed by NGOs, which receive funding from the Ministry of Employment and Social Security for these purposes. Given that Spain is Europe s southern border, the system is particularly sensitive. It is impossible to analyse Spain s reception system without taking into account the efforts made to receive vulnerable migrants, especially in Ceuta and Melilla. The current climate of tension in the Mediterranean basin warrants the expansion of this reception system to include not only applicants for international protection but also other groups of persons often found in vulnerable situations (pregnant women, infants, etc.). 1 Available at: 11

12 Section 1 Different types of Reception Facilities and different Actors Q 1. Please indicate in Table 1 below what type of reception facilities exist in your (Member) State Spain s reception facilities for applicants or beneficiaries of international protection can be regarded as a mixed system in which we can distinguish between a public network of migration centres and other reception facilities and schemes providing care for asylum applicants, managed by NGOs that receive funding from the Ministry of Employment and Social Security. This is provided for under Article 31.1 of Law 12/2009 of 30 October, regulating the right of asylum and subsidiary protection: Reception will be provided primarily through the competent ministry s own centres and through the subsidised centres of non-governmental organisations. In both cases, they are aimed at applicants for international protection lacking means of survival and who therefore require assistance from the public authorities. Public network of migration centres Migration centres are defined in Chapter II of Title XV of Royal Decree 557/2011, of 20 April 2011, approving the Regulation implementing Organic Law 4/2000, of 11 January 2000, on the rights and freedoms of foreigners in Spain and their social integration. Under Section 1 of Article 264, the public network of migration centres generally performs tasks of information, care, reception, social intervention, training, detection of situations of human trafficking and, where appropriate, referral for the foreign population. They may also develop or promote awareness-raising actions related to immigration. The network consists of the Refugee Reception Centres (CARs) regulated in the Ministerial Order of 13 January 1989, the Temporary Migrant Accommodation Centres (CETI) of Ceuta and Melilla and any new centres considered necessary (Article of the implementing regulations of the Immigration Act LOEX ). In particular, under the scope of this report, the network may conduct specific programmes for foreign nationals with the status of asylum seeker or stateless person, refugees, beneficiaries of the protection afforded under Article 37.b) of Law 12/2009, of 30 October 2009, migrants entering Spain under the rules of collective management of recruitments in country of origin and vulnerable foreign nationals or those at risk of social exclusion. 12

13 The Refugee Reception Centres (CARs) are public establishments providing accommodation, meals and urgent and basic psychosocial counselling together with other social services designed to improve the coexistence and integration in the community of asylum seekers in Spain or those granted refugee or displaced person status in Spain and who lack the financial means to meet their own needs and those of their family. There are now four such centres in Spain: Alcobendas (Madrid), Vallecas (Madrid), Seville and Valencia. For their part, the Temporary Migrant Accommodation Centres (CETIS) of Ceuta and Melilla are public establishments set up as initial reception facilities providing basic social services to migrants in general, which may include persons seeking international protection. Reception facilities and care schemes run by NGOs The general system is based on short-term temporary reception, reception in a centre designed for this purpose, combined with the payment of specific financial aid allowing beneficiaries to meet their most basic personal and/or family needs, and obtain the means to ensure greater personal autonomy and future social integration. This later gives way to a system of financial aid that allows the beneficiaries to complete their integration process autonomously. Table 1: Different types of Reception Facilities Type of accommodation Does this type of facility exist in your Member State? If so, how many of these facilities existed at the end of 2012? Specify the maximun number of applicants the facilities could accommodate Number of applicants accommodated in such facilities per year during Collective initial/ transit reception centres 1 centre in Madrid; in the rest of Spain, facilities have been set up according to needs. All applicants have an initial reception place. (This service is funded by the State). 2008: 1, : 1, : 1, : 1, : 1,205 Collective open reception centres 41 reception centres. A total of 2,642 people were housed. 2008: 2, : 2, : 2, : 2, : 1,837 13

14 Table 1: Different types of Reception Facilities (continuation) Type of accommodation Does this type of facility exist in your Member State? Specify the maximun If so, how many of these number of facilities existed at the end applicants the of 2012? facilities could accommodate Number of applicants accommodated in such facilities per year during Special reception centres or facilities for vulnerable groups (e.g. victims of torture or specific vulnerable female applicants) Places are available in flats for applicants or beneficiaries of international protection in vulnerable situations. Depending on the case in question, specific services are provided. There are two permanent reception facilities for vulnerable groups. In addition, NGOs have a temporary reception service funded by the DGM that covers the cost of housing and meals for persons with special needs requiring admission to a specialised centre. (e.g. drug-addiction centres). All applicants have their housing needs met and adapted to their special needs. N/A Special separate reception centres for unaccompanied minors They are centres managed by the Regional Authorities in accordance with their exclusive legal jurisdiction over minors, regardless of whether or not these have applied for international protection. N/A Information provided by the Regional Authorities. Information provided by the Regional Authorities. Private houses or flats: arranged and paid for by competent authorities (*) No. Private hotels: arranged and paid for by competent authorities 1 facility in Madrid; needsbased in the rest of Spain. All applicants have an initial reception place. (Service subsidised by the State). 2008: 1, : 1, : 1, : 1, : 1,205 (*) The hotel category is only available on the early stage of initial accommodation and transit (figures shown previously in the section Collective initial/transit reception centres ). 14

15 Table 1: Different types of Reception Facilities (continuation) Type of accommodation Does this type of facility exist in your Member State? If so, how many of these facilities existed at the end of 2012? Specify the maximun number of applicants the facilities could accommodate Number of applicants accommodated in such facilities per year during Individually arranged accommodation such as houses, flats, hotels and/ or posibilities of staying with friends and/or family Other premises for the purpose of accommodating applicants for international protection which are arranged and paid for by the competent authorities. In exceptional cases, it may be possible to cover the costs of rented accommodation as an alternative to the allocation of a place in a reception facility. No. N/A N/A N/A Q2. Which authority(ies) carry financial responsibility over the reception facilities? a) State authorities b) Local authorities / regional governments c) External service provider such as NGOs, actors from the private sector or any other kind of third party involvement? Answer: a) and b). The financial responsibility of reception rests with the State, with the exception of the reception of unaccompanied minors or those in vulnerable situations, for whom the Regional Authorities have both power and financial responsibility. 15

16 Q3. Which authorities carry executive responsibility over the facilities: a) State authorities b) Local authorities / regional government c) External service provider such as NGOs, actors from the private sector or any other kind of third party involvement? Answer: a), b) and c). a) The State authority assumes executive responsibility for the reception system in general and for its own centres in particular. b) The Regional Authorities have executive responsibility for the reception of unaccompanied minors or those in vulnerable situations. c) The NGOs assume responsibility for the programmes they carry out. Q4. In case reception facilities are run by local authorities/regional governments or with the involvement of an external service provider (e.g. NGOs or actors from civil society), please indicate whether the reception facilities are centrally coordinated (i.e. does one single authority still carry overall responsibility for the reception of applicants for international protection?) Yes, the State Administration (currently the General Secretariat for Immigration and Emigration-Directorate-General for Migration, or SGIE-DGM ) coordinates, through the Social Work Unit based at the Asylum and Refuge Office, the referral and monitoring of asylum seekers of legal age and of family units between the different centres and housing resources. Unaccompanied minors are referred to the Regional Authorities, which have the powers relating to the reception of the latter. Q5. In case reception facilities are run by local authorities/regional governments or with involvement of an external service provider (e.g. NGOs or actors from civil society), how is their involvement regulated? 16

17 Have any formal coordination mechanisms between the different actors been signed (for example cooperation agreements stipulating the division of competences)? Collaboration agreements have been signed between the central authority with powers relating to Asylum and Refuge (SGIE-DGM) and specialist NGOs (Red Cross, CEAR). 17

18 Section 2 Take up of Reception Facilities: Factors determining access to the different types of facilities Q6. Please provide a short overview of which applicants for international protection are entitled to reception facilities provided by the State. Please complete Table 2 below Under Article 4 of the Order of 13 January 1989 of the Ministry of Labour and Social Affairs on Refugee Reception Centres and the information available on the website of the Ministry of Employment and Social Security, persons covered by any of the following conditions may be beneficiaries of the Refugee Reception Centres: Those who have sought asylum in Spain and have had their application accepted for processing. Those who seek asylum after the aforementioned period due to a change in the social, political or religious circumstances in their country of origin. Any person in possession of the relevant identity document recognising their refugee status, issued by the Ministry of the Interior. Persons who have applied for asylum and have had their application rejected before processing on the grounds that another State is responsible for examining the application, until a response is obtained from the State in question. Those with the status of foreign citizen with temporary or subsidiary protection. The following requirements apply to all cases: They must have no work or financial means to cover their needs and those of their family. They must not suffer from contagious illnesses or mental disorders that could have a negative impact on day-to-day living in the centre. They must agree to abide by the rules of the centre. Persons from vulnerable groups are given priority. The status of beneficiary of these centres extends to the first-degree relatives in the direct ascending and descending lines and the spouse or person with a similar affective relationship of cohabitation, except for cases of legal separation, de facto separation, divorce, legal age 18

19 or family independence, in which cases the situation of each family member is assessed separately. Different categories of applicants depending on type/stage of procedure Table 2: Categories of applicants entitled to reception facilities Entitled to reception facilities (Yes/No) Are these applicants entitled to standard or specific reception facilities? Applicants under Dublin II The general conditions of reception apply to these persons. Applicants in admissibility procedures The general conditions of reception apply to these persons until a decision is issued on the admissibility of their application. Applicants subject to accelerated procedures The general conditions of reception apply to these persons until a decision is made on their case. Vulnerable groups of applicants (with specific psychological/medical assistance needs) The general conditions of reception apply to these persons. Unaccompanied minors awaiting decision for international protection The general conditions of reception provided at juvenile facilities apply to these persons. Unaccompanied minors who have exhausted the procedure for international protection and are awaiting return The general conditions of reception provided at juvenile facilities apply to these persons. Applicants who have lodged an appeal procedure It varies. Yes, during administrative appeal and judicial review, only if the court takes precautionary measures authorising the asylum seeker to remain in Spain. (Article 22, Law 12/2009). Applicants who have lodged a subsequent application The general conditions of reception apply to these persons Applicants who have received a positive decision on their international protection application The general conditions of reception apply to these persons. Applicants who have exhausted the procedure for international protection and who are awaiting return Other (e.g. applicants from other EU Member States, families with children with an irregular migrant status, applicants from safe third countries of origin etc. Please specify) No. No. For up to 15 days from the notification of the decision to reject the asylum application. If there are circumstances of vulnerability or justifying humanitarian assistance, these needs can be met through other care programmes. 19

20 Q7. From the aforementioned categories of applicants who are entitled to reception, can any be excluded from reception facilities for particular reasons (e.g. because the applicant has sufficient financial means, or because the applicant has misbehaved in a reception facility, or any other reasons)? Article 33 of Law 12/2009, of 30 October, regulating the right of asylum and subsidiary protection states that any or all of the reception services may be reduced or withdrawn in the following cases: a) if the applicant leaves the assigned place of residence without informing the competent authority or without permission, if requested; b) if the applicant obtains funds allowing him or her to meet all or part of the costs of the reception conditions, or when the applicant conceals his/her financial resources, hence benefitting unduly from the reception services; c) if a decision has been issued on the application for international protection and the person concerned is notified of this, except as provided in the Section 3 of Article 36 of this Law; d) if, by an act or omission, the applicant infringes upon the rights of other residents or staff in charge of the centres where they are being sheltered or seriously compromises coexistence in the latter, in accordance with the internal rules thereof; e) when the authorised duration of the programme or service reaches its end. Similarly, persons seeking international protection may have their aid under the reception service reduced or withdrawn as a result of penalties imposed due to the commission of any of the above offences. With regard to penalties, whenever an application to enter a centre or reception facility is approved, the technical staff of the refugee reception centre inform the new resident of the rules governing the operation of the centre and coexistence in the latter, providing a clear explanation of his or her rights and obligations as a resident and the penalty system for breach of these rules. Q8.a) Does your (Member) State carry out an assessment of vulnerability which could result in assignment to special reception facilities for vulnerable groups of applicants? 20

21 Under Article 31 of Law 12/2009, the services, benefits and aid offered under the reception programme may differ if the asylum procedure so warrants, when an assessment of the needs of the applicant is advised, or if the person is detained or held at the facilities of a border crossing. Article 46 also provides for the adoption of measures to provide differential treatment, where necessary, for applications for international protection made by persons in the vulnerable situations cited in the aforementioned Article. Differential treatment is also given to those who have been the object of persecution. Q8.b) If yes, please indicate whether the assessment of vulnerability is: a) Obligatory and laid down in law. Yes b) Standard practice. Yes c) Optional Q9. Which authority/(ies) carry responsibility for deciding on the allocation of applicants for international protection to different reception facilities? At State level, the powers in this regard are distributed as follows: Under Article 8 of Royal Decree 343/2012, of 10 February, developing the basic organisational structure of the Ministry of Employment and Social Security, the Directorate General for Migration reports to the General Secretariat for Immigration and Emigration. In accordance with Article 9 of the Royal Decree cited above, this Directorate is responsible for: The planning, management and monitoring of Temporary Migrant Accommodation Centres (CETIs) and Refugee Reception Centres (CARs). The coordination of actions to promote the integration of foreign nationals, asylum seekers, refugees, stateless persons, individuals afforded temporary protection and other subsidiary protection statuses with other ministerial departments, Regional authorities, local authorities and public and private bodies and, in particular, the management and monitoring of the Support fund for the reception and integration of foreign nationals and the educational support of the latter and the promotion of innovative programmes for reception and integration in the local community. The SGIE-DGM is the agency responsible for the development and management of the comprehensive system for the reception of asylum seekers, refugees, stateless persons, 21

22 individuals afforded temporary protection and other subsidiary protection statuses. It performs its duties through the Social Work Unit of the SGIE-DGM, which is based at the Asylum and Refuge Office of the Ministry of the Interior. The Social Work Unit allocates places in centres and reception facilities based on availability and applicant profile, with the assistance of the CARs in the examination of files (Article 21 of the Resolution dated 6 July 1998 of the Directorate General of the Institute of Migration and Social Services approves the Basic Statute of the Refugee Reception Centres of the IMSERSO and develops the Order dated 13/1/1989 regulating them). Q10. How do these authorities allocate applicants to different types of reception facilities? i) Capacity In the Spanish system, after studying the availability of reception places and the overall circumstances of the applicant (age, sex, maintenance of the family unit, nationality, existence of family networks, etc.), the system refers the latter to its own centres or to the contracted facilities considered most appropriate for his or her circumstances. ii) Dispersal Mechanism This system is not used. iii) Type of asylum procedure Your (Member) State takes into account the type of asylum procedure and assigns applicants accordingly to a specific reception facility. For example, one or more of the below is applicable to your (Member) State: Applicants who fall under the Dublin II Regulation are accommodated in specific reception facilities; No. Applicants subject to accelerated procedures are assigned to specific reception facilities; No. Etc. Type of asylum procedure is not a criterion for allocating applicants to available places. 22

23 iv) Stage of asylum procedure Status of asylum procedure processing is not a criterion for allocating applicants to available places. v) Profile of the asylum applicant As explained earlier, the profile of the applicant (along with the availability of places in existing facilities) is taken into consideration for the allocation of accommodation places. The facilities are the same for everybody in accordance with the legislation. vi) Duration of the asylum procedure Applicants remain in the same centre unless an important change in circumstances justifies their transfer to another facility. vii) Other criteria (e.g. family composition)? See previous answer. Q11. Is the process for assignment of applicants to different reception facilities: a) Laid down in legislation: No. b) Outlined in soft law/guidelines: c) Not outlined in official documents, but there is a standard practice in placer: No. A Reception Places Management Handbook is available. Q12. Provided there is sufficient capacity, does your (Member) State offer the applicant a choice for reception facility/location? In general terms applicants or beneficiaries of international protection cannot choose the type of housing to which they will be assigned. Nonetheless, in the event of an important, verified change in circumstances, and provided that places are available, the applicant may be given a choice. 23

24 Q13.a) Does your (Member) State provide for a possibility to relocate applicants for international protection to different reception facilities after initial assignment to a reception centre? See Question Q10 vi). Q13.b) If yes, which of the below criteria are applied, or a combination thereof, for relocation to a different reception centre: i) Capacity/bed Management issues: ii) Change in family profile (e.g. Barth of a child): iii) Medical or special need reasons: iv) Incidents at centres which may require transfer to alternative accommodation: v) Time limits (procedural-driven): No. vi) Programme for voluntary return to the country of origin: No. vii) Any other reasons? Yes (to be considered). 24

25 Section 3 Quality: National Legislation on Material Reception Conditions Q14. According to national legislation in your (Member) State, what are applicants for international protection who are accommodated in reception facilities entitled to in terms of the following reception conditions: a) Food b) Clothing c) Financial allowance Under Article 30 of Law 12/2009, of 30 October, applicants for international protection are given the necessary social and reception resources to ensure that their basic needs are met, provided that they themselves lack the financial resources. Hence, the main services and benefits of the CARs are: Temporary accommodation and support. Information and advice on the new situation. Advice on accessing the education, health and social systems. Psychological care. Specialised social care and management of supplementary financial aid. Hosting of courses for language learning and basic social skills. Guidance and intermediation for vocational training and job placement. Occupational and leisure activities. Actions to promote awareness of CAR activities aimed at the host society. In addition, CAR beneficiaries meeting the requirements can obtain financial aid to cover their most basic personal and/or family needs, and obtain the means to ensure greater personal autonomy and future social integration. The requirements for this are: they must be an asylum seeker, refugee or have been granted international protection; they must be 25

26 a beneficiary of a Refugee Centre or, if not at a centre, follow a care programme begun as a resident at the centre, and both the beneficiary and his/her dependents must be without financial resources. The CETIs offer similar services to the CARs. Q15. Please indicate in Table 3 below for each type of reception facility in place in your (Member) State: the available surface per applicant (in square meters); the supervision rate (number of staff per applicant); and specify whether applicants have the possibility to take part in organised leisure activities Table 3: Other quality criteria for reception facilities that relate to the applicant s experience of being accommodated in a reception facility Type of accommodation Available surface per applicant in square meters Supervision rate (Number of staff per applicant) Possibility of leisure activities? Yes/No. If yes, briefly describe Collective initial/transit reception centres Collective open reception centres Special reception centres or facilities for vulnerable groups (e.g. victims of torture or specific vulnerable female applicants) N/A N/A No. N/A N/A The centre organises a range of activities (sports, social, cultural, TV, etc.), sometimes in partnership with the municipality or other agencies and institutions. N/A N/A The centre organises a range of activities (sports, social, cultural, TV, etc.), sometimes in partnership with the municipality or other agencies and institutions. Special separate reception centres for unaccompanied minors Private houses or flats: arranged and paid for by competent authorities N/A N/A The reception of minors is an exclusive power of the Regional authorities, regardless of whether they have applied for international protection. N/A N/A The centre organises a range of activities (sports, social, cultural, TV, etc.), sometimes in partnership with the municipality or other agencies and institutions. 26

27 Tabla 3: Other quality criteria for reception facilities that relate to the applicant s experience of being accommodated in a reception facility (continuation) Type of accommodation Available surface per applicant in square meters Supervision rate (Number of staff per applicant) Possibility of leisure activities? Yes/No. If yes, briefly describe Private hotels: arranged and paid for by competent authorities Individually arranged accommodation such as houses, flats, hotels and/or possibilities of staying with friends and/or family Other premises for the purpose of accommodating applicants for international protection which are arranged and paid for by the competent authorities N/A N/A As this facility is only very temporary, this type of activity is not usually organised. No. N/A They can be invited to activities organised by NGOs, CARs, etc. No. N/A N/A Q16. Has your (Member) State developed guidelines or a handbook in relation to the reception offered to applicants for international protection? A brochure has been published in coordination with public administration and NGOs explaining the reception and integration system. Q17. What control mechanisms are in place to ensure that reception conditions are provided according to the standards specified in national legislation or other protocols/regulations? The operation of the Refugee Reception Centres is subject to regulations relating to minimum numbers of staff, services to beneficiaries, infrastructure and material resources. In addition, each of the four centres has drafted its own Charter of Services 2 containing information about the services provided and the quality commitments adopted in relation 2 Available at: 27

28 to the latter, and setting indicators for the level of services provided by the centres for the purpose of verifying compliance with these quality commitments. The assessment system is still in the early stages (see Q.19). The collaboration agreements with NGOs also set out standards for the reception conditions to be applied, including the material and human resources and infrastructure assigned to each project. Every six months, the interim and final financial and activity reports on the activities implemented by the organisations are sent in, along with the costs of these activities. In addition, regular visits are made to confirm that the activity is being carried out correctly. Q18. Has there been a public debate about the quality of reception facilities in your Member State in the period from 2008 onwards - to date? The system for the reception of applicants for international protection is continuously adapted as needs evolve. Each year, Government and the NGOs review specific demands and update the aid and amounts to suit the context. To date, the system has met the quality standards of reception and services without problems and has not been a cause of friction or public debate. The Forum for the Integration of Immigrants is a space where issues relating to this subject could be debated and this has not yet occurred. It is a consultative body that provides information and advice on matters relating to the integration of immigrants composed of representatives of government, leading associations of immigrants and refugees and social support organisations. Q19. Does primary research exist in your Member State, evaluating the quality of reception facilities? A quality assessment system is being developed, although it is currently in the early stages. 28

29 Section 4 Flexibility Q20. Please fill out the national statistics in Table 4 below Table 4: National statistics on flexibility Total number of applicants entitled to reception Total number of applicants accommodated in reception facilities Maximum number of applicants that could be accommodated in reception facilities Average occupation rate in reception facilities 4,517 (Source: Asylum and Refuge Office) 3,007 2,744 3,422 2,580 2,642 2,253 2,573 2,128 1,837 1,199 * 1,153 * 1,132 * 1,132 * 1,066 * (January 2012) 909 * (December 2012) 86.23% ** 71.46% ** 84.35% ** 91.52% ** 90.24% ** (*) 100% of asylum seekers needing and requesting reception were granted it. The maximum number of people for whom reception could be provided each year is unpredictable as it depends on the number of available places (numerical data provided), the number of persons requesting reception and the rotation. The maximum number of migrants that can be received each year is at least equal to the number of persons received (see previous section of the table). (**) Data from the Government Refugee Reception Centres. Q21. Please describe any pressure that your (Member) State may have experienced in relation to the reception of applicants for international protection during the period and briefly explain possible reasons for such pressure. (Note that annual statistics from Eurostat on the number of applications for international protection, first decisions, etc. over the years will be incorporated in the relevant section of the Synthesis Report. Hence, if relevant, you may refer to a period of pressure by comparing the number of applications with the capacity of your (Member) State s reception system) Spain is under heavy migratory pressure in Ceuta and Melilla, given its southern border status. Therefore, although the number of applicants for international protection does 29

30 not fluctuate significantly in fact, it is relatively constant and based on data on existing applicants in Spain for years prior to 2008, Spain has focused its efforts on the reception of migrants entering illegally through Ceuta and Melilla or via the coasts, which often include very vulnerable groups, such as pregnant women and infants. These measures are combined with the promotion of return. Hence, given the increasing pressure on Ceuta and Melilla, there is little scope for increasing capacity for the reception of applicants for international protection if external funding is not received. Q 22. Which flexibility mechanisms are foreseen and/or have been used in case there are shortages or surpluses in reception facilities? Please answer this question by indicating in Table 5 below whether any of the below mechanisms exist in your Member State and whether they have been actually used Table 5: Flexibility Mechanisms Type of mechanism Early warning mechanism (including any software programmes monitoring capacity and occupancy in reception facilities) Does this exist in your (Member) State? (Yes/No) If yes, please describe The Social Work Unit of the current Ministry of Employment and Social Security is present through the Asylum and Refuge Office and checks the number of places on a daily and monthly basis. Additional reception Not as such. centres acting as buffer capacity Emergency plans The system of reception in partnership with NGOs ensures that Spain can adapt to unforeseen arrivals, creating new places to cover the reception of every single person arriving. This demonstrates the flexibility of the system. Has this mechanism been used? (Yes/No) If yes, please describe Yes, it is normally used on a daily basis to determine the capacity and occupancy of each type of accommodation. An example of such a situation was the arrival of a group of 900 Cuban refugees in To deal with this, a mechanism was set up to allow NGOs to arrange their reception by setting up extra places. 30

31 Table 5: Flexibility Mechanisms (continuation) Type of mechanism Does this exist in your (Member) State? (Yes/No) If yes, please describe Has this mechanism been used? (Yes/No) If yes, please describe Budget flexibility (to inor decrease the budget when necessary) No. This is the biggest problem for the Spanish reception system. Flexibility is directly conditioned by the availability of budget funds. The national budget allows no room for improvement. The case of the Cuban refugees of is illustrative here too. To deal with this, the mechanism described in the top row was activated and ad hoc credit was generated. Fast Tracking procedures No. Application of different standards/ modalities of reception conditions in emergency situations No. This possibility is not considered necessary in our system given the flexibility provided by the management of emergencies in partnership with NGOs. With this collaboration, arrivals of applicants in these situations can be taken care of as normal. Provision of financial vouchers/ allowance to cover costs of private accommodation Financial aid is available to cover the costs of places in apartments, based on the circumstances of the case (e.g. families). The payments are normally made directly to the beneficiaries. Review for specific categories of applicants who obtain priority access to reception Where applicable, persons in vulnerable situations (categories provided for in Article 46 of Law 12/2009) are given priority. All applicants for international protection who so require are allowed access to the system. Disabled persons, pregnant women, etc. 31

32 Table 5: Flexibility Mechanisms (continuation) Type of mechanism Does this exist in your (Member) State? (Yes/No) If yes, please describe Has this mechanism been used? (Yes/No) If yes, please describe The use of excess space for other purposes Based on agreements with NGOs and with prior approval of the Ministry. For vulnerable immigrants. Other? No. Q23. Please indicate best practices in handling (disproportionate) pressure as well as ability to adjust to fluctuating numbers of applications over time. Where possible, please refer to the use (and effectiveness) of any of the aforementioned flexibility mechanisms As Europe s southern border, Spain is under heavy migratory pressure in Ceuta and Melilla. This pressure could increase as a result of the current climate in the Mediterranean basin. This pressure of mixed flows (illegal immigration and asylum seekers) has a larger component of irregular immigration but also requires a considerable reception effort due to the presence of vulnerable groups (among them in particular, women with children). 32