In each case, lawyers and reception support staff worked with the families to resolve the
children’s cases through the relevant administrative procedures, in some cases accompanying
them to civil registry offices, or seeking information from authorities abroad; in others, they
advocated with competent authorities to speed up delayed procedures, and supported
families to explore their options and gather necessary evidence and documents. Two of the
three Sahrawi cases were resolved favourably for the children, with one acquiring
statelessness status and one having their Spanish nationality confirmed. In the third case, the
family left Spain before the child’s nationality could be confirmed. In the case of the child
born in transit, mother and child are now documented as applicants for international
protection in Spain, but their status remains precarious, as attempts to retrieve records of the
child’s birth from Morocco failed, and, if refused protection, they would return to an irregular
situation. A court in another region of Spain has recently ruled that a child born in transit
should have their birth registered in Spain, which may provide a helpful precedent in support
of this case.17 In the final case, the outcome is still pending a decision on the family’s
application for international protection. At the time of writing, the family was working with
their lawyer to attempt to recoup any documentary evidence of their identity and consider
whether they could approach the consulate of the Russian Federation to acquire proof of
nationality for the child born in Spain.
Case study – Anna
Anna’s mother, Mayi, is a refugee from Cameroon. She became pregnant on her migratory
journey and gave birth to Anna in Morocco, but she had no documentary proof of the
birth. Anna and Mayi arrived in Spain by boat, undocumented, and claimed asylum in
2018. Mayi had left her home country as a minor, so she also did not have any identity
documents and did not know if her own birth had ever been registered. Cepaim contacted
the hospital in Morocco where Anna was born to try and acquire documentary proof of
Anna’s birth, and made attempts through the Cameroonian embassy in Spain to confirm
Mayi and Anna’s nationality, but without success.
For the first years of her life, there was no administrative record anywhere of Anna’s
existence. Once in Spain, her healthcare and schooling were provided at the discretion of
local service providers in the community where she was accommodated. After four years
of procedural attempts to regularise Anna and her mother’s protection and nationality
status, Anna’s case was finally resolved through the courts. The first instance court and
then, following an appeal by the State, the provincial court, confirmed that the ‘the best
interests of the minor’ were the most important consideration in Anna’s case. The courts
ordered Anna’s birth to be registered and recognised her as Spanish ‘by birth’ as she
would otherwise be stateless.
17
Judgment of the Provincial Court of Guipúzcoa (Spain), no. 341/2022, 11 May 2022, available at:
http://caselaw.statelessness.eu/caselaw/spain-judgement-court-appeals-gipuzkoa-11-may-2022 .