The Supreme Court requires the Spanish Government to take charge of 1,000 migrant minors seeking asylum

The High Court indicates that the state reception system for minors seeking protection "has not been made available to them despite being a system to which they have full rights"

March 26 2025 (11:29 WET)
Fernando Clavijo, President of the Canary Islands
Fernando Clavijo, President of the Canary Islands

The Administrative Litigation Chamber of the Supreme Court has agreed to require the State to guarantee, within ten days, access to and permanence in the National Reception System for International Protection for those minors hosted by the Canary Islands Autonomous Community who have applied for international protection or expressed their willingness to apply for it.

In an order this Wednesday, the High Court has indicated that the necessary collaboration and cooperation of the community must be done and that these actions must be developed under the principle of the best interests of the minor.

Likewise, the Chamber has given a non-extendable period of 10 days to be informed of the measures adopted by virtue of the requirement. After this period, the Chamber will decide on holding a public hearing in relation to compliance with the precautionary measure adopted.

The measure affects about 1,000 unaccompanied minors who are in the situation described in the Canary Islands.

The order agreeing to the positive precautionary measure has been issued at the request of the Government of the Canary Islands, which had previously requested the Government of Spain to adopt these measures.

The Chamber, after briefly examining the powers of both Administrations, considers that, in the current situation, the state reception system for minors seeking international protection "has not been made available to them despite being a system to which they have full rights and whose effective implementation is essential" to correct the current situation of overcrowding in which these minors - as is well known - find themselves, openly incompatible with the best interests of the minor that must be protected.

The Court recalls that both Law 12/2009, on asylum and subsidiary protection, and Royal Decree 220/2022, of March 29, which approves the regulation governing the reception system in matters of international protection, design a complete reception system for asylum seekers that includes, among others, the right to “receive specific social benefits under the terms set out in this law” (art. 18.1.g of the law) which include “the necessary social and reception services in order to ensure the satisfaction of their basic needs in conditions of dignity” (art. 30 of the Asylum Law).

The management of the reception system corresponds to the Secretary of State for Migration, according to RD 220/2022.

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