The National Court will review the case of a Moroccan policeman who on the border of Ceuta last Monday night and to which the Interior Ministry has denied it. The agent’s lawyer has submitted an appeal against the refusal to accept her application by the Spanish administration and a Chamber of Section 5 of the contentious-administrative has paralyzed the asylum petition procedure to listen to the administration version before making a decision, according to judicial sources.
The Contentious Court has admitted this Friday a “precautionary measure” that will stop the return of the Moroccan agent to his country until the appeal is resolved. The resolution has given the Ministry of Interior three days to provide its report, they add the same sources. Thanks to the admission to the process of the appeal, the applicant is authorized to “remain in Spanish territory”, according to the order issued this Friday, to which the country has had access. The magistrates have arranged that, “while resolving,” the Moroccan agent “will remain in the offices enabled for this purpose in the border post.”
The policeman, destined in Tangier, appeared at the Ceuta border last Monday night and requested asylum. He was working, the weapon and the transmission team were removed and marched for the Spanish border, police sources point out. “The applicant is Moroccan nationality, born in the RIF and National Police of the profession, with what all circumstances occur in him so that if he returns to his country, serious reprisals are taken against him, such as being persecuted and tortured,” said his lawyer in the resolution. In his request, he adds that “the media impact that the case has had (…) increases the risk to which he could be exposed with his return” and that has two reports of the High Commissioner for refugees who recommend an in -depth study of their application “within the framework of the ordinary procedure.”
The order includes the content of the resolution of the Director General of International Protection, who acts on behalf of the Interior Minister, Fernando Grande-Marlaska who denied the asylum petition and that considers that the allegations presented by the Moroccan police are “incoherent, contradictory, unlikely, insufficient or that contradict sufficiently contrasted information about their country of origin” “Host a founded fear of being persecuted or suffering serious damage.”
After a first asylum request on the border, his claim was denied and then claimed that his case be reviewed, after which he obtained a new negative, according to sources known to his situation. Then his legal representative appealed the decision before the National Court. This Friday the agent has remained in the border post of Ceuta.
The case has drawn attention because it is not common in the Autonomous City, according to several sources. Petitions of asylum of military, or agents of the auxiliary forces, a paramilitary body that depends on the Moroccan Interior Ministry and that unfolds for the maintenance of the order in a broad sense, such as concentrations or manifestations are remembered.
The Interior Ministry does not provide information on international protection requests, since they are cases that require special confidentiality, sources from this department have explained this Friday.
According to Law 12/2009, which regulates asylum right, interior can denied the asylum application with a resolution motivated in cases where there is a lack of competence or lack of requirements, or by another series of reasons, such as that issues are raised that are not related to the condition of refugee, or that the person who requests it proceeds from a country considered safe. Also when the applicant is considered a danger or has committed a crime, among other factors, such as that he raises incoherent, contradictory, unlikely, insufficient allegations, or that contradict contrasted information about their country of origin, or of habitual residence.
The border asylum application deadlines are shorter. The Interior Ministry has four days since it is presented to pronounce and can be extended up to a maximum of 10 days, in the event that the United Nations High Commissioner for Refugees (UNHCR) requests it. Against the inadmissibility or denial, a request for reexamen can be filed, as the Moroccan agent did, within two days, and that interior also has a period of two days to respond.
The decision of the National Court gives a respite to the Moroccan agent who requested the aid, to better examine his case. The resolution understands that it can be granted, “with a very precautionary character”, the entry measure in Spain, without prejudice to what it can resolve after listening to the administration. To make the decision has taken into account the documentation on the status of the National Police, the interviewer’s observations during the interview in which he requested asylum, and the favorable reports of UNHCR so that his request is admitted to process to deepen his study and analysis. “For this purpose, while resolving on the lifting, modification or maintenance of the measure, it will remain in the offices enabled for this purpose in the border post,” the magistrates have.
