***Note that the information provided for this country was not reviewed by the EUAA Courts and Tribunals national contact point.
Administrative decisions that deny the granting of international protection or declare the application inadmissible conclude the administrative procedure. There are legal remedies against negative decisions on asylum applications issued by the Ministry of the Interior, which include administrative and judicial appeals.
Administrative decisions can be challenged before the Government by means of an administrative appeal (recurso de reposición). This remedy is not mandatory for the applicants, since they may submit an appeal before the courts without first having submitted an administrative appeal for reversal.
An administrative request for reversal (recurso de reposición) may be submitted via the electronic registry of the Ministry of the Interior, using the form provided on that site, to the Ministry of the Interior within 1 month from the notification of the negative asylum decision (Article 29(1) Asylum Law). It is also possible to submit the appeal through other public registries provided for in the Law 39/2015, of 1 October, on common administrative procedures, such as post offices, offices of assistance in registration matters or the electronic registry of the administration to which they are addressed (General Electronic Registry of the General State Administration). The language of the proceedings is Spanish (Article 15(1) of Law 39/2015, of subsidiary application).
The request includes the identification of the applicant and of the decision that is challenged, as well as the reasons for appeal, evidence, place, date, signature of the applicant, and information relevant for notification purposes. It can be based on any infringement of the legal system, which may affect both facts and law of the contested decision.
The Directorate General for International Protection is responsible for the examination of the administrative request. The Ministry of Interior decides within one month (Article 124(2) Administrative Procedures Law).
According to the law, only the administrative appeal (recurso de reposición) has automatic suspensive effect, if several requirements are met:
- The administrative appeal must be lodged in time.
- The administrative appeal expressly requests the suspension of the effects of the decision within the appeal itself.
The Administration will decide on the suspension within a one-month period, either accepting or rejecting it. If accepted, the appealing party retains the same rights and obligations like those held as an international protection applicant until the administration expressly resolves the appeal.
If one month has passed since the submission of the appeal via the electronic registry without a resolution on the suspension request (Article 117(3) Administrative Procedures Law), and if the two previous requirements are fulfilled, the suspension of the contested decision occurs automatically.
A certificate confirming the suspension by lack of reply can be requested to certify that the decision under appeal has been suspended due to the lack of reply from the administration until the appeal is resolved. This certificate can be requested and obtained through the Ministry of Interior´s electronic registry or through an application to the Directorate General for International Protection, which can be presented at any of the abovementioned registries.
The suspension agreed upon in the administrative procedure may extend its effects in the judicial procedure when the appellant files a judicial appeal and requests, within it, the provisional suspension of the contested decision (for more information, see Suspensive effect).
The effects of the decision shall remain suspended until the judicial body rules on the requested measure. If agreed upon in courts, the suspension will extend its effects until a final judicial decision is delivered.
*Note that all matters regarding administrative appeals in the regular procedure are described only in this section (general overview). In the remaining sections, the information focuses on judicial appeals.
Administrative decisions can also be challenged before the courts with or without a previous administrative appeal.
To challenge an inadmissibility decision the applicant may lodge an appeal before the Central Contentious Administrative Courts (Juzgados Centrales de lo Contencioso Administrativo), within 2 months from the notification of the decision (Article 46 Law 29/1998, of 13 July, regulating the Contentious-Administrative Jurisdiction). If the judicial decision finds that the application should have been admitted, the administration must admit and examine the application accordingly. On the contrary, if the inadmissibility is confirmed by the judge, applicants may challenge this decision lodging a second instance appeal (recurso de apelación) before the National High Court (Audiencia Nacional).
To challenge a negative decision, a judicial appeal may be lodged before the National High Court (Audiencia Nacional) within 2 months from the notification of the negative asylum decision (Article 29 Asylum Law) or from the notification of the decision on the administrative appeal, if this has been lodged. This appeal examines the case in full, on the facts of the case and on aspects of law. If the court finds that the applicant should be granted protection, it has the power to grant itself protection status and it is not necessary to return the case to the Ministry for review. The judicial body communicates the judicial decision to the Government. The Directorate General for International Protection registers the ruling and orders its execution, notifying the National Police Force (General Commissariat for Foreigners and Borders) to proceed, if applicable, with issuing the corresponding documentation. The law does not provide a time limit for a decision to be made by the National High Court.
An onwards judicial appeal (cassation) may be lodged before the Supreme Court (Tribunal Supremo), within 30 days from the day of notification of the contested decision (Article 89(1) Administrative Jurisdiction Law), if the case presents objective cassational interest to form case law (interés casacional objetivo). The Supreme Court examines aspects of law and has the competence to provide international protection. The law does not provide a time limit for the Supreme Court to decide.
An administrative or judicial decision is considered final when the period for submitting a judicial appeal has expired without an appeal having been filed. A judicial decision is also final when no other appeals can be filed against them, regardless of the petition for review of final judgments, which is an extraordinary judicial appeal against final judicial decisions (Article 102 Administrative Jurisdiction Law).
Legal remedies for the defense of fundamental rights
In addition to the legal route previously described, appellants have the option to pursue an appeal against the violation of any fundamental right caused by an administrative decision or inactivity, in accordance with Article 53.2 of the Spanish Constitution. This legal route is based on two different appeals.
Firstly, the special procedure for the defense of fundamental rights (Chapter I, Title V of Administrative Jurisdiction Law). In this case, the appeal must be filed within 10 days. The appeal will be resolved with priority and the ruling can be subjected to further judicial appeal.
Secondly, it is possible to file a constitutional complaint, following the general rules for constitutional protection appeals (recurso de amparo) against administrative decisions or judicial decisions. This appeal can only be based on the restoration or preservation of the rights or freedoms for which the appeal is lodged.