Contentious-administrative appeal in immigration matters in Spain

‍The contentious-administrative appeal in immigration matters in Spain is a defence mechanism in cases of visa refusal.

Any immigrant can be denied a residence permit.

This is worrisome, but it is not the end of the process

There are 2 types of appeals available to you:

Appeal for reconsideration
Contentious-administrative appeal.

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In this comprehensive guide, we will explore the contentious-administrative appeal.

You will have the information you need for a successful process.

Understanding contentious-administrative-appeal-in-immigration-matters-in-spain

The contentious allows to challenge a decision of the public administration.

The purpose of this appeal is to put an end to the administrative procedure and seek justice.

Who Can File a Contentious-Administrative Appeal?

In Spain, the national legal system provides specialized courts for contentious-administrative appeals.

Any natural or legal person, association, trade union or group has the right to lodge an appeal.

This includes the State Administration, the Administration of each autonomous community, local entities, and the Public Prosecutor’s Office.

The Role of Lawyers and Solicitors in Contentious-Administrative Appeals

In abbreviated contentious-administrative appeals, the intervention of a lawyer is mandatory.

The intervention of an attorney is optional and is notified directly to the lawyer.

Filing a Contentious-Administrative Appeal

To initiate a contentious-administrative appeal, you must present a written document that includes the necessary information.

This document must identify the appellant, the act appealed against and the signature of the lawyer.

In addition, you must provide documents that prove compliance with the requirements

Time limits for lodging a contentious-administrative appeal in immigration matters in Spain

The time limits for lodging an administrative appeal depend on several factors.

For example, in the case of an express notification, the time limit is 2 months from the notification.

For an implicit decision, the time limit is 6 months from the implicit decision.

However, it may be more beneficial to first lodge an appeal for reconsideration within 1 month.

Afterwards, it may be more beneficial to file a contentious administrative appeal.

Therefore, it is always important to carry out a prior video consultation to define the best strategy.

Types of contentious-administrative-appeal-in-immigration-matters-in-spain

While the ordinary contentious-administrative appeal is the most common, there are two additional types that are worth mentioning:

Abbreviated contentious-administrative appeal and,
Contentious-administrative appeal for the protection of fundamental rights.

In the abbreviated contentious-administrative appeal, the amount of the appeal is indeterminate.

It can be lodged for:

Decisions on immigration,
Political asylum and
Matters of public administration officials.

On the one hand, in aliens matters there are usually two possible procedures:

Ordinary Litigation and
Abbreviated Litigation.

For example, the appeal is abbreviated in cases of refusal of residence permits.

While the ordinary appeal is regulated for:

Refusals of visas,
Asylum,
Nationality,
Homologation, etc.

On the other hand, the following may be competent in matters relating to foreigners:

Courts of First Instance for contentious-administrative matters,
High Courts of Justice,
Supreme Court,
Chambers of the National High Court.

The Benefits of Filing a contentious-administrative-appeal-in-immigration-matters-in-spain

Filing a contentious-administrative appeal offers several advantages:

First of all, the matter is no longer decided by a consulate or immigration office, but by the judiciary.
Secondly, during the contentious appeal, the right to remain in Spain is maintained
The risk of receiving an expulsion order is also avoided.
It is possible to obtain a residence and work permit if precautionary measures are granted.

However, there is a risk of being ordered to pay costs if the judgement is unfavourable.

if you are in Spain, it is not advisable to leave and re-enter Spain until the precautionary measures are granted or the sentence is in place

Success with Your contentious-administrative-appeal-in-immigration-matters-in-spain

To maximise your chances of success with an administrative appeal, it is crucial to approach the process strategically.

It is highly advisable to seek advice from experienced lawyers.

They can ensure that your appeal is properly prepared, well-founded and tailored to your specific circumstances.

The lawyer’s knowledge and experience will help you to spot any flaws in the resolution.

In addition, it increases the likelihood of a favorable outcome.

Conclusion – Contentious-administrative appeal in immigration matters in Spain

Navigating the process of filing a contentious-administrative appeal in Spain can be complex, most of all, in immigration matters.

Knowing the different types of appeals, deadlines and benefits will enable you to take the necessary steps.

The help of experienced lawyers is invaluable to ensure that your appeal is well prepared.

The decision is up to you.