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29/07/2020
ES: The Supreme Court confirmed that asylum applicants have the right to establish their residence in any other city of the national territory, including applicants in cities of Ceuta and Melilla.

ECLI
ES:TS:2020:2662
Input Provided By
EUAA Information and Analysis Sector (IAS)
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR); Other EU legislation
Reference
Spain, Supreme Court [Tribunal Supremo], Luis Andres v Spanish Public Administration (Administracion General del Estado) [Decision TSJM no. 19/2019 of 17 January 2019], STS 2662/2020 Resolution number: 1130/2020, ES:TS:2020:2662, 29 July 2020. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1403
Case history
Other information
Abstract

The case concerned an appeal submitted by the General Administration on the sentence of the High Court of Justice of Madrid in which the court recognised the applicant's right to move from Melilla to the mainland. 


The Supreme Court confirmed that asylum applicants have the fundamental right of freedom of movement throughout the territory of the Spanish state and can freely establish their residence throughout the national territory, although with the obligation to communicate it to the corresponding authority. The court noted that this should be also extended to applicants for international protection who are in the cities of Ceuta and Melilla in the moment their applications are admitted, as they have the right to establish their residence in any other city of the national territory, without this right being limited by the authorities due to their condition as applicant for international protection in those cities.


Country of Decision
Spain
Court Name
ES: Supreme Court [Tribunal Supremo]
Case Number
STS 2662/2020 Resolution number: 1130/2020
Date of Decision
29/07/2020
Country of Origin
Keywords
Reception/Accommodation