A Moroccan requests asylum because he wants the largest share of the inheritance: Spain says no

The National Court ruled that the facts presented, although part of a conflict, did not constitute grounds for international protection. The State Attorney argued that the alleged threats were part of a "private and family conflict", with no link to the grounds of persecution provided for by law, such as race, religion or political opinions. The court confirmed this interpretation, ruling that the applicant had failed to prove the existence of persecution within the legal meaning.

The applicant had filed his application at the Foreigners Detention Center (CIE) in Barcelona in July 2022. He argued that as the "only man in the family", he was entitled to the largest share of the estate, which led to threats from his relatives. His defense tried to make the case that his position as an "heir" placed him in a "specific social group" within the meaning of the asylum law, an argument that the court did not accept.

A rejection confirmed at all levels

The Ministry of the Interior had initially rejected the application in August 2022, a decision that was confirmed on review a few days later. The United Nations High Commissioner for Refugees (UNHCR) had also issued two unfavorable reports on the admission of the application, considering that no criteria were met.

The National Court also dismissed a subsidiary request for humanitarian protection, due to a lack of evidence of particular vulnerability. The court validated the administrative procedure, including the notification deadlines contested by the applicant, and ordered the latter to bear the legal costs, capped at 1,000 euros.