Skip Ribbon Commands
Skip to main content
13/12/2021
ES: The Supreme Court held that an application for international protection implies the automatic suspension of the expulsion procedure for irregular stay.

ECLI
Input Provided By
EUAA Courts and Tribunals Network
Source
Other Source/Information
Type
Decision
Relevant Legislative Provisions
Return Directive (Directive 2008/115/EC of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals); Recast Asylum Procedures Directive (Directive 2013/32/EU on common procedures for granting and withdrawing international protection) (recast APD) and/or APD 2005/85/CE
Reference
Spain, Supreme Court [Tribunal Supremo], Administración General del Estado v Bethzabé Murillo Cahuaza, No 7863/2020, 13 December 2021. 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=2248
Case history
Other information
Abstract

The Supreme Court held that an application for international protection implies the automatic suspension of the expulsion procedure for irregular stay, which the applicant can enjoy until the administrative authorities issue a decision rejecting or declaring the request inadmissible. This affects the execution of the expulsion or return order because it is not possible to classify the stay as irregular when international protection has been requested and until the request is rejected or declared inadmissible.
Country of Decision
Spain
Court Name
ES: Supreme Court [Tribunal Supremo]
Case Number
No 7863/2020
Date of Decision
13/12/2021
Country of Origin
Peru
Keywords
Asylum Procedures/Special Procedures
Effective remedy
Return/Removal/Deportation
Original Documents