Annex I Spain: Article 34.1 of the Aliens Law; Royal Decree N° 865/2001 Legal Basis/Determining Authority Office for Asylum and Refuge (OAR). Same as asylum authority, but the procedures are entirely separate. Conditions for access Applications may be refused if person received an expulsion order or if the application is submitted later than 30 days after entering the country (although the latter is not applied in practice). Submission in writing/orally Centralized/decentralized Submissions to be made in writing. Applications can be submitted throughout the country but decisions and interviews take place centrally. Suspensive effect of removal order 62 Right to stay during the procedure A temporary residence card which suspends the expulsion procedure can be granted at the discretion of the authorities. If the applicant does not receive a temporary residence card, s/he can apply for suspension within the framework of the expulsion procedure. Interview Not mandatory. At discretion of the OAR. Legal aid No State funded legal aid. Burden of proof Law is silent. In practice, shared. Right to appeal Yes. Facilitated naturalization No. Access under the same conditions as legal immigrants, application after ten years of effective legal residence. U N H C R > G P P AC T I O N 6 : E S TA B L I S H I N G S TAT E L E S S N E S S D E T E R M I N AT I O N P R O C E D U R E S