Spanish Justice Rules "Sahrawi" Argument Against Morocco Inadmissible

The case began in May 2024 when Carlos José left Morocco with a forged passport. After a journey taking him to Malaysia and then the United Arab Emirates, he landed at Madrid-Barajas airport from Doha in June. The very next day, he filed an application for international protection. As reported by Infobae, the man justified his request by denouncing discrimination linked to his Sahrawi origin and especially highlighted the serious health difficulties encountered by his son, who remained in the Sahara.

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The medical evidence provided, however, did not convince the authorities. While the documents attest that the child suffers from acute bilateral adenitis, they prove neither the presence of cancer nor the absolute impossibility of obtaining adequate treatment on Moroccan territory. Faced with these shortcomings, the Ministry of Interior refused to grant refugee status or subsidiary protection. The applicant then attempted an appeal and requested an emergency measure to block his expulsion, to no avail.

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Spain’s National Court has now definitively closed the case by ordering the applicant to pay court costs. The magistrates believe that accounts of discrimination lack the precision needed to establish real and current persecution. Drawing on unfavorable opinions issued by the United Nations High Commissioner for Refugees (UNHCR), the tribunal firmly recalls that the right to asylum does not constitute a legal tool to improve one’s living conditions or access a higher-quality health system abroad.