REFUGEE STATUS OR SUBSIDIARY PROTECTION?
We must be very clear about what differentiates both concepts. For this, we must take into account articles 3 and 4 of Law 12/2009, of October 30, regulating the right to asylum and subsidiary protection. Thereby:
As established in article 3, refugee status: “recognizes any person who, due to well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion, belonging to a certain social group, gender or sexual orientation, is outside the country of their nationality and cannot or, due to said fears, does not want to avail themselves of the protection of that country, or the stateless person who, lacking nationality and being outside the country where they previously had their habitual residence, for the same reasons cannot or, due to said fears, does not want to return to it, and is not in progress in any of the causes of exclusion of article 8 or of the causes of refusal or revocation of article 9.
On the other hand, Article 4 establishes that subsidiary protection will be granted: “to people from other countries and to stateless persons who, without meeting the requirements to obtain asylum or have refugee status, but for whom well-founded reasons are given to believe that if they returned to their country of origin in the case of nationals or to their previous habitual residence in the case of stateless persons, they would face a real risk of suffering any of the serious damages provided for in article 10 of this Law, and who cannot or, due to said risk, do not want to, avail themselves of the protection of the country in question, as long as any of the cases mentioned in articles 11 and 12 of this Law do not occur.
SPECIFIC CASES. CITIZENS OF VENEZUELAN NATIONALITY WHOSE REQUESTS FOR INTERNATIONAL PROTECTION HAVE BEEN DENIED.
Given the economic, social and above all political situation that Venezuelan compatriots are going through, the Interministerial Commission for Asylum and Refuge (CIAR) proposed the granting of a temporary residence permit for humanitarian reasons of international protection for one year. , extendable, to citizens of Venezuelan nationality whose applications for international protection have been denied, going directly to the police stations, by obtaining a prior appointment at the electronic Headquarters of the Ministry of Territorial Policy and Public Function.