Supreme Court Requested from the Spanish ambassador Pakistan Law encouraging the urgent transfer of eight Afghan citizens to SpainRelatives of Spanish Agency for International Cooperation and Development collaborator in Afghanistan, in order to apply for international protection.granting them the relevant visa for this purpose. The decision emphasizes that they have a foreign passport issued in 2021.
The Supreme Court therefore upheld their appeal against the decision of the Supreme Court of Justice of Madrid, which refused to accept these interim measures, after the Spanish Embassy in Pakistan refused to transfer them to Spain. Highlights of the Controversial Room The “relevant impact” of the existence of safe passage granted in August 2021 on the resolution of this case Following the serious events recorded in Afghanistan around this time, it was declared by the Ministry of Foreign Affairs that the appellants were under the protection of the Spanish Government and that its aim was to allow them to leave their country of origin and go to Spain.
“The appellant Administration considers that it has been proven at the time that the appellants, at least the head of the family, were persecuted by the Taliban due to his connections with the Spanish authorities. The appealed Administration assumes and accepts the serious danger to his life. Safe conduct certifies that there is a public interest in transferring these persons to our country so that they can claim the protection of the Spanish Government. Despite the passage of time, the appealed Administration can no longer give up its own action.”
“The Supreme Court insists that the existence of safe conduct cannot be ignored, although it does not have a fully automatic effect, but only if these individuals see that their right to fly to Spain is recognized at that time and that the remaining family members are granted this right of passage, (… ) were granted refugee status and the right to asylum.”
According to the Supreme Court, “All of the appellants should be in our country right now. It should be that way since August 2021. “The general interest is not affected by the granting of the interim measure, as the appellants claim.”
Regarding fumus boni iuris (the emergence of good law), which must be analyzed in order to grant such injunctions, the decision states that “safe conduct is a strict administrative action that is probably valid and enforceable.” “This administrative regulation granting the rights of the appellants was never ex officio reviewed or declared harmful.”
He further adds: “The requested interim measures do not interfere with the normal functioning of the Public Administration. The transfer of the applicants to Spain is so that they can apply for international protection. Its outcome is not conditional. The Asylum and Asylum Department and the Inter-Ministerial Asylum and Asylum Commission will adopt the relevant decision.”
The decision explains that the Spanish Embassy in Islamabad itself assumed jurisdiction over such transfers and that in addition to the decision rejecting the request of the above-mentioned appellants (who were brothers and other relatives of the Afghan aid worker), others also issued decisions approving such transfers. Demands on other family members closest to him, especially his daughters, wife and father.
The Supreme Court emphasizes that the Embassy of Spain in the Russian Federation in Moscow, from where the main applicant fled by fleeing from Kabul (Afghanistan) via Uzbekistan at the end of August 2021, also decided on this issue. Thus, in October he said: The embassy has decided to promote the transfer of the person in question to Spain in order to enable the submission of the asylum application.