Analysis

Spain’s Asylum Policy in Ceuta

More than 100 migrants who arrived in Ceuta have been granted international protection status.
Persecution, gender-based violence, and armed conflicts have been decisive factors in protection decisions.
Rejected applications, allegations of removals, and administrative delays have intensified debates over the right to asylum.

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The granting of international protection status to more than 100 migrants who arrived in Ceuta, Spain’s autonomous city in North Africa, at the end of July has once again brought to the forefront the relationship between border security and the right to asylum in the European Union’s (EU) migration management framework. Spanish authorities’ efforts to control irregular migration movements are shaped by the obligation to assess applications for international protection individually and to comply with the principle of non-refoulement. This process is significant not only in terms of Spain’s domestic migration policy but also with regard to access to international protection, administrative capacity, and the protection of human rights at Europe’s external borders.

Following the surge in migration to Ceuta on 30–31 July 2026, the number of applications for international protection increased significantly. According to figures previously released by the Ministry of the Interior, approximately 1,200 applications had been submitted, of which 700 had been decided. However, new information based on internal sources indicates that the total number of applications has reached 1,500, that more than 900 applications have been rejected, and that protection has been granted in 180 cases. Not all positive decisions concern migrants who arrived in the city at the end of July; slightly more than 100 of the beneficiaries belong to the group that arrived during this period.[i]

One of the most significant legal dimensions of developments in Ceuta concerns the principle of non-refoulement. As a fundamental principle of international refugee law, non-refoulement prohibits the return of individuals to places where they face a risk of persecution, torture, or other forms of serious harm. In this context, ensuring that individuals seeking international protection have effective access to the assessment of their applications is essential to the lawfulness of border controls. Allegations that a group of approximately 30 Sudanese and Chadian nationals were removed from Ceuta in September without being given the opportunity to apply for asylum have prompted debate over the implementation of this principle. The allegations raised by civil society organisations highlight the importance of identifying individual protection needs during border control procedures and safeguarding the right to apply for international protection.

The Spanish administration’s efforts to accelerate the processing of applications are also being assessed in terms of the relationship between administrative capacity and legal safeguards. Interior Minister Fernando Grande-Marlaska’s announcement of an increase in staffing at Ceuta’s Temporary Centre for Foreign Nationals (Centro de Estancia Temporal de Extranjeros, CATE), with the aim of processing at least 100 files per day, demonstrates the institutional effort to clear the backlog of applications. Nevertheless, accelerating application procedures does not eliminate the requirement to protect the right to individual assessment and procedural safeguards. In particular, sufficiently examining each applicant’s personal circumstances in cases involving a risk of persecution or serious harm remains a fundamental obligation that must be fulfilled alongside the objective of reaching decisions quickly.

Administrative delays faced by migrants granted protection status during their transfer to mainland Spain also illustrate the distinction between acquiring legal status and being able to exercise the rights associated with that status in practice. The fact that more than 100 individuals who have obtained international protection continue to stay in temporary accommodation centres in Ceuta has been linked to delays in the issuance of identity documents.[ii] The extension of procedures that would normally be expected to be completed within approximately 10 days, together with reports that some individuals learned of their positive decisions through the official gazette rather than through direct notification, has raised questions about the functioning of the administrative process. This situation demonstrates that granting protection is not sufficient in itself; administrative mechanisms must also function effectively to enable individuals to exercise their rights to residence, employment, and freedom of movement.

The process in Ceuta has also brought into focus debates over the division of powers and responsibilities between the central government and local administration within Spain’s migration policy. Although geographically located on the African continent, Ceuta occupies a strategic position in Spain’s and the EU’s border management framework. It is an area where efforts to control irregular migration and the management of applications for international protection converge within the same geographical space. This characteristic increases the need for coordination between local reception capacity, the decision-making authority of the central administration, and the implementation of international obligations. The accumulation of applications, limitations in accommodation capacity, and delays in transfers to mainland Spain demonstrate the importance of such administrative coordination.

At the political level, the tension between the right to international protection and policies aimed at deterring irregular migration has become increasingly prominent. Statements by the Spanish government emphasising that the majority of applications will be rejected reflect the prominent role of deterrence-oriented rhetoric in migration management.[iii] Nevertheless, the right to asylum constitutes a legal safeguard that must be assessed independently of the restrictive objectives of general migration policies. The existence of an applicant’s need for protection cannot be determined solely on the basis of how they entered the country or the scale of migration movements. Accordingly, administrative and political measures intended to encourage returns must not prevent individuals in need of protection from accessing their right to apply for asylum.

In this context, the case of Ceuta is also connected to broader debates surrounding the EU’s migration and asylum policies. The management of the EU’s external borders requires Member States to fulfil their national security and public order responsibilities alongside their international protection obligations. Placing greater emphasis on border security and return mechanisms in migration management does not eliminate the need to ensure the individual examination of protection applications, access to legal assistance, and effective remedies. Developments in Ceuta provide a concrete example of how these obligations are implemented, particularly in border regions experiencing intense migration movements.

In conclusion, Spain’s decision to grant international protection to more than 100 migrants who arrived in Ceuta has highlighted the legal, political, and administrative challenges associated with implementing the right to asylum at Europe’s external borders. The fact that individual risks of persecution, gender-based violence, and threats arising from armed conflicts have been decisive factors in protection decisions demonstrates that irregular migration movements may involve people with diverse protection needs. At the same time, uncertainties surrounding application figures, allegations concerning removal practices, and administrative delays affecting individuals who have obtained protection status show that migration management cannot be evaluated solely in terms of its capacity to process and decide applications. The central challenge in the case of Ceuta is therefore to establish a legally sustainable framework that reconciles effective border control with the safeguarding of the right to international protection.


[i] Ayuso, Bárbara. “Más de 100 migrantes de Ceuta han recibido el asilo”, El País, https://elpais.com/espana/2026-10-22/mas-de-100-migrantes-de-ceuta-han-recibido-el-asilo.html, (Date Accessed: 25.10.2026).

[ii] Ibid.

[iii] Ibid.

Ali Caner İNCESU
Ali Caner İNCESU
Ali Caner İncesu graduated from Anadolu University Faculty of Business Administration in 2012. He continued his education with Cappadocia University Tourist Guidance associate degree program and graduated in 2017. In 2022, he successfully completed his master's degrees in International Relations at Hoca Ahmet Yesevi University and in Travel Management and Tourism Guidance at Ankara Hacı Bayram Veli University. In 2024, he graduated from the United States University of Maryland Global Campus (UMGC) Political Science undergraduate program. As of 2023, he continues his doctoral studies at Cappadocia University, Department of Political Science and International Relations. In 2022, Mr. İncesu worked as a special advisor at the Embassy of the Republic of Paraguay in Ankara. He is fluent in Spanish and English and is a sworn translator in English and Spanish. His research interests include Latin America, International Law and Tourism.

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