In France the refugee camp called “La Jungla de Calais” or “Bidonville” has doubled in population over the last months of summer. Increasing its numbers to 10,000 refugees, including 900 of them unaccompanied minors. The French Government has now decided to dismantle the camp and evict the refugees. Now, the new makeshift camp has been located next to the Stalingrad’s subway, from where the refugees are being transferred to public gymnasiums and some social and administrative offices in order to process the asylum and / or refuge in France.
The framework legislation for protection and granting of the refugee status was established in the Geneva Convention of 1951 and the New York Protocol of 1967. On the one hand, granting asylum to those who have the status of refugees, as any person who, because of well-founded fears of being persecuted for reasons of race, religion, nationality, political opinion, membership of a particular social group, gender or sexual orientation, is outside their country and cannot or does not want to, because of fear, be protected by his country. Also to the stateless person who, lacking nationality and being outside the country where they had habitual residence for the same reasons, cannot or does not want to return, because of fear.
Moreover, the right to subsidiary protection is given to people from other countries and stateless persons that do not qualify for asylum or that have not been recognized as refugees, when there is any reason to believe that on return to their original country in the case of nationals or to their previous habitual residence in the case of stateless persons, they will face a real risk of suffering any serious damage, and that they cannot or, because of that risk, do not want to put themselves under the protection of the country in question.
The injunction granted by the international protection is non – refoulement or expulsion of persons who have been granted as well as the adoption of measures by Spanish law, the EU and the international conventions ratified by Spain, as long as the circumstances why they were granted still exist. The rights granted to the applicant for asylum are as follows:
1.- Asylum information rights, in writing and in an understandable language as well as the right to an interpreter.
2.- To be documented as an applicant for international protection.
3.- To legal aid and to have an interpreter.
4.- To communicate your request to UNHCR.
5.- To the suspension of any process of devolution, expulsion or extradition that could affect the applicant.
6.- To know the contents of the case at all times.
7.- To healthcare.
8.- To receive specific benefits under the terms set forth in the Law.
9.- Legal guarantees.
The request will be presented by personal appearance (article 17.1 of Law 12/2009, of October 30) or by representation of the interested party. In case of extension of the application to other family members, that personal appearance applies to all of them, meaning, the main applicant and the family members. The application can be filed in the Asylum and Refuge Offices, in the offices of foreigners or in the Provincial or District Commissariats. The Government has a term of 6 months to resolve these cases.
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