Spain plans stricter rules on asylum seekers in Ceuta, draft decree shows

Spain Plans Stricter Asylum Regulations for Ceuta after Border Surge

Overview of Spain's Proposed Asylum Policy Changes

By Victoria Waldersee and Corina Pons

Background: Ceuta's Recent Border Crisis

MADRID, Sept 29 (Reuters) - Spain is planning to override standard migration procedures and tighten rules on asylum seeking for migrants who arrived in its North African enclave of Ceuta in July's mass crossing, a draft decree seen by Reuters showed, prompting outcry from legal experts and NGOs.

The decree, designed to speed up applications and deportations for the over 10,000 migrants who remain in the tiny territory, would mark a major strategic shift for Spain's leftist, pro-immigration government, a staunch advocate of multilateral rules and institutions, as it struggles to contain the political fallout from the border crisis. 

Spain's Interior Ministry declined to comment on the draft.

Scale of the Migration Surge

More than 70,000 people illegally crossed the border from Morocco into Ceuta via land and sea in late July in an unprecedented rush, rattling European leaders and exposing the limits of a recent overhaul of migration rules intended to tighten borders.

Key Provisions of the Draft Decree

Appeals and Deportation Procedures

Under the measures in the draft, first leaked to Spanish newspaper El Pais and not yet confirmed, migrants appealing against a rejected asylum application must do so from outside the country if it is deemed safe by the EU, as is the case for Morocco, regardless of their personal circumstances.

Retroactive Application and Review Process Changes

The decree, which would apply retroactively to migrants arriving since the mass crossing of July 30 and 31, also permits the government to skip a standardised review of asylum requests by a commission including representatives from the UN refugee agency.

Withdrawal and Revocation of Asylum Applications

Migrants' applications would be withdrawn if they were unreachable for five days and anyone deemed to have behaved in a "violent or threatening" manner would have their right to remain immediately revoked.

Political and Legal Reactions

Government Position and Legal Challenges

Asked in a news conference about plans to shorten timeframes for processing migrants, territorial policy minister Angel Victor Torres said the government was "analysing the possibility" of a legislative amendment but that it was "not easy" due to questions of international law.

NGO and Legal Expert Criticism

Spanish lawyers and NGOs decried the draft measures in statements to Reuters and other media, with 13 NGOs, including Spain's Commission for Assistance to Refugees (CEAR) and Oxfam, describing them as a "grave threat" to Spain's commitment to human rights conventions.

(Reporting by Corina Pons, Victoria Waldersee, Emma Pinedo, Additional reporting by Amina Ismail, Writing by Victoria Waldersee, Editing by Andrei Khalip, Aidan Lewis)