Spanish national court refuses to overturn deportation of Sahrawi to Morocco

Spain's National Court has rejected an urgent request to cancel the expulsion of a Sahrawi activist detained at Madrid's Adolfo Suárez Madrid–Barajas airport. The activist, who is still in one of the asylum rooms at the airport, requested international protection on September 9th.

The Director General of International Protection, acting on the authorization of the Minister of the Interior, rejected the activist's request for international protection on September 12th. The activist argued that her immediate return to Morocco would put her at risk of persecution.

She then appealed to the courts and requested, as an urgent measure, that the National Court suspend the execution of the decision to return her to Morocco, which was scheduled for September 19th. On the same day, the Fifth Chamber of the Dispute Tribunal of the National Court issued a decision rejecting her request.

The court found that the activist had not established a «risk of persecution» under any of the grounds outlined in the Geneva Convention. «There is no evidence to suggest that she has been or may be exposed to a real risk to her life or freedom because of her race, religion, nationality, membership of a particular social group, or political opinions», the court explained.

The 35 Sahrawi detainees have been held at Barajas airport for several weeks while awaiting a review of their asylum claims. The court acknowledged the principle of non-refoulement, which prohibits the return of individuals to countries where they face a risk of persecution. However, the court stated that the activist must provide evidence to support her allegations of a risk of persecution in Morocco in order for her asylum claim to be prioritized.