The Supreme Court has upheld an appeal connected to the transfer of eight Afghan citizens to Spain, amid disputes with the Madrid High Court and the Spanish Embassy in Pakistan. The case centers on interim measures designed to grant these individuals the right to apply for international protection in Spain, supported by a safe-passage framework established in August 2021. This legal pathway was triggered by serious security developments in Afghanistan at that time, prompting the Spanish Foreign Ministry to acknowledge the appellants’ protection under the Spanish government and to enable their departure from Afghanistan to Spain.
According to representatives handling the appeal, the family head and other relatives faced persecution linked to their connections with Spanish authorities, and the evidence showed a real danger to their lives. The safe-passage certificate is described as serving a public interest by allowing these persons to reach Spain where they can pursue asylum protections. The administration argued that time has not diminished the urgency of their case and that action should not be halted by delays.
The Supreme Court emphasized that while safe conduct does not automatically guarantee entry, it remains a factor that can influence a timely recognition of the right to travel to Spain. If the applicants are granted passage, their remaining family members could also be eligible for similar rights, including refugee status and asylum recognition.
The Court noted that all appellants should already be in Spain given the August 2021 framework and asserted that granting interim relief does not adversely affect public interests. Regarding the legal concept of fumus boni iuris, the court described safe conduct as a firmly grounded administrative measure that is likely valid and enforceable, and that it had not been revoked or deemed harmful by any official review.
Additional points in the decision state that the interim measures do not interfere with the normal functioning of public administration. The objective of transferring the applicants to Spain is to enable them to apply for international protection, with outcomes that will be decided by the relevant asylum authorities. The Department of Asylum, along with the Inter-Ministerial Asylum and Refugee Commission, will determine the final disposition of each case.
The ruling notes that the Spanish Embassy in Islamabad bore responsibility for overseeing these transfers, with other related decisions already approving or denying similar requests for different family members close to the Afghan aid worker, including his daughters, wife, and father. The Court also highlighted that the Embassy of Spain in Moscow, from which the main applicant originally fled Kabul via Uzbekistan at the end of August 2021, supported pursuing Spain-bound relocation to facilitate the asylum process. In October, the embassy endorsed the transfer to Spain so the applicant could submit the asylum application there.