A contentious-administrative appeal in immigration matters is a judicial procedure that allows you to challenge administrative acts issued by the Public Administration when these violate rights or harm public interest, and this judicial route is pursued.
Application of the Contentious-Administrative Appeal
This appeal applies under specific criteria established by the Law Regulating Contentious-Administrative Jurisdiction. According to Article 25 of this law, the appeal in immigration matters proceeds in two situations:
- Completion of the Administrative Route: When the Public Administration has issued, expressed, and executed an administrative act, and all reconsideration or administrative review procedures have been exhausted.
- Administrative Inactivity: When the Public Administration does not respond to relevant requests, showing a failure to act.
It is essential that in the first case, all administrative procedures must have been exhausted before resorting to the contentious-administrative route, in accordance with Article 114 of the Common Administrative Procedure Law.
Filing the Contentious-Administrative Appeal in Immigration Matters
Filing a contentious-administrative appeal in immigration matters requires mandatory legal assistance, as this procedure takes place in the judicial route. In some cases, the involvement of a court representative may also be necessary.
If there is no court representative, the lawyer will assume the legal representation of the interested party, receiving all notifications and acting on their behalf before the judicial authorities. The lawyer will be responsible for filing the contentious-administrative appeal on behalf of their client.
Regarding how to file a contentious-administrative appeal, the joint appearance of the lawyer and the court representative is required when the appeal is submitted before collegiate bodies or specific courts, such as the Contentious-Administrative Chambers of the High Courts of Justice, the National Court, or the Supreme Court.
Considerations When Filing a Contentious-Administrative Appeal in Immigration Matters
- Preliminary Hearing: This initial stage is crucial for setting the terms of the process and presenting preliminary issues.
- Presentation of Evidence: The selection and presentation of solid evidence is essential to support your legal arguments.
- Specialized Legal Representation: Having a lawyer experienced in immigration law is essential to design an effective legal strategy and avoid common mistakes.
- Post-Sentence Navigation: Whether the verdict is favorable or unfavorable, it is important to understand the next steps to ensure compliance with the decision or explore other legal options.
- Options in Case of an Adverse Outcome: If the result is not as expected, there are alternatives such as appeal or other legal avenues that may offer you a new opportunity.
At Lexmovea, we accompany you through the entire contentious-administrative appeal process, offering expert legal advice and representation to maximize your chances of success.
Abbreviated Contentious-Administrative Appeal in Immigration Matters
The Abbreviated Contentious-Administrative Appeal is a specific judicial route to challenge administrative acts in immigration matters, provided that the matter’s value is less than 30,000 euros. Unlike the ordinary procedure, this appeal is filed directly by a claim, without needing to submit a prior written application.
The claim in the abbreviated contentious-administrative procedure must clearly and thoroughly present the reasons for the challenge, along with the allegations and evidence that support the appellant’s position. It is essential to demonstrate that the administrative act has violated the applicant’s rights and that the legal requirements for filing the appeal are met.
In this procedure, you may request the appearance of third parties who are also affected by the administrative decision. Once the claim is filed, the Judicial Secretary will request the administrative file from the defendant Administration for its transfer to the parties.
Legal Representation and Documentation:
Legal representation by a lawyer is mandatory in the Abbreviated Contentious-Administrative Appeal, and in some cases, the involvement of a court representative may also be necessary. The lawyer will advise the client from the start, assessing the feasibility of the appeal and preparing the claim and the necessary documentation.
The claim or filing of the contentious-administrative appeal must be accompanied by documents proving the representation of the appellant, their legitimacy to act, and the grounds for their claim. It is crucial that the documentation is complete and properly submitted to avoid delays or inadmissibility of the appeal, ensuring that the appeal is filed correctly.
Deadline for a Contentious-Administrative Appeal
It is essential to understand the deadlines for filing a contentious-administrative appeal, as these determine the viability of the appeal. Here we explain in detail the applicable deadlines in different circumstances.
Knowing and respecting the deadline for filing a contentious-administrative appeal is crucial for your appeal to be accepted and processed correctly, ensuring an effective defense of your rights before the Public Administration. At Lexmovea, we are here to help you manage and file your contentious-administrative appeal with maximum efficiency and professionalism. Contact us for more information and personalized advice!
Express Resolution
If you have received a formal notification that ends the administrative process, you must file the contentious-administrative appeal within a maximum of 2 months from the notification date. This deadline is crucial to ensure that your appeal is filed within the proper time frame.
Presumed Act (Administrative Silence in Immigration)
In cases where the Public Administration has not responded to your request, the concept of administrative silence applies. In these cases, you have 6 months from the date the administrative inactivity occurred to file your appeal. This deadline allows you to act in the face of a lack of response from the administration.
Prolonged Inactivity
If you have filed a complaint and 3 months have passed without receiving a response from the Administration, you can file the contentious-administrative appeal within 2 months following the 3-month inactivity period. This mechanism ensures that you can appeal even when there has been prolonged administrative inaction.
Execution of Final Acts
When you request the execution of already final acts and the Administration does not act within one month, you can file the contentious-administrative appeal within 2 months from the rejection of the request or when it is considered that there has been enough time to file the appeal due to administrative silence. This protects your rights when the administration does not fulfill its obligations.
Denied Appeal for Reconsideration
If you have filed an appeal for reconsideration and received no response, or if it has been denied, the deadline for filing a contentious-administrative appeal is 2 months from the denial, whether it is express or due to administrative silence. This deadline gives you a new opportunity to challenge the initial decision.
Disputes Between Administrations
In cases of disputes between different administrations, the general deadline for filing a contentious-administrative appeal is 2 months, unless a specific regulation establishes a different period. It is important to check the applicable regulations in these cases to ensure compliance with the deadlines.
Frequently Asked Questions About Contentious-Administrative Appeals in Immigration Matters
- What is the Deadline for Filing a Contentious-Administrative Appeal? The deadline for filing a contentious-administrative appeal in immigration matters is two months from the notification of the unfavorable administrative resolution. In cases of administrative inactivity, the deadline extends to six months from the moment the administrative silence occurs. This is how long a contentious-administrative appeal takes in Spain.
- Is Legal Assistance and Representation Required to File This Appeal? Yes, filing a contentious-administrative appeal requires mandatory assistance from a lawyer and a court representative, as this is a judicial procedure conducted before the contentious-administrative jurisdiction.
- What Legal Avenues Are Available If the Appeal Is Denied? If the contentious-administrative appeal is denied, there are several legal options to consider. An appeal can be filed before a higher judicial instance, provided that the legal and procedural requirements are met. Additionally, in exceptional situations where fundamental rights have been violated, an appeal can be made to the Constitutional Court through a constitutional protection appeal.
- What Is the Legal Status of the Appellant During the Appeal Process? Filing a contentious-administrative appeal can grant the appellant a temporary suspension of the execution of the unfavorable administrative resolution, allowing them to remain legally in Spain while the judicial process is resolved.
- How Does the Outcome of the Appeal Affect the Interested Party’s Immigration Situation? The result of the contentious-administrative appeal has a significant impact on the immigration situation of the interested party. A favorable judgment can result in obtaining or maintaining the residence permit, solidifying their legal status in Spain. On the other hand, an unfavorable judgment may require the appellant to leave the country or explore other legal avenues to regularize their immigration status.
- How Much Does a Contentious-Administrative Appeal Cost? The cost of a contentious-administrative appeal can vary depending on the case specifics and practices involved, but it generally ranges between 600 and 1200 euros, as both a lawyer and a court representative are typically involved. The cost of an immigration contentious-administrative appeal may depend on the rates of each law firm, though the cost for a nationality contentious-administrative appeal typically does not exceed 1200€.
- What is the Contentious-Administrative Appeal for Spanish Nationality? The Contentious-Administrative Appeal for Spanish Nationality is a judicial procedure that allows applicants to challenge unfavorable decisions made by the administration, such as the denial of their nationality application. This appeal is used when more than 12 months have passed since the application was submitted and no response has been received, which is considered negative administrative silence. This process must be filed before the National Court and requires the assistance of a lawyer and a court representative.
- Is There a Standard Model for the Contentious-Administrative Appeal? Yes, there is a model for the contentious-administrative appeal in immigration matters, and it is similar to the appeal for reconsideration, but with the difference that it must be presented by a lawyer and a court representative. This type of appeal must include basic information such as the appellant’s details, identification of the administrative act being challenged, and the reasons justifying the challenge. Additionally, supporting documentation must be included.
- What Is the Deadline for Filing a Contentious-Administrative Appeal? The deadline for filing a contentious-administrative appeal is two months from the day following the denial of an immigration file or other administrative procedure.
- Can I File a Contentious-Administrative Appeal Without a Lawyer? No, it is not possible to file a contentious-administrative appeal without a lawyer in Spain. It is mandatory to have both a lawyer and a court representative. These professionals represent the appellant during the judicial process, ensuring that legal requirements are met and the case is properly defended.
- Where Can I Obtain the Model for the Contentious-Administrative Appeal for Nationality? The model for the contentious-administrative appeal for Spanish nationality can be requested at the corresponding Contentious-Administrative Court. It is recommended to have a specialized lawyer, as the appeal requires professional drafting to ensure its success.
Lexmovea: Your Expert in Contentious-Administrative Appeals
At Lexmovea, we have a team of lawyers specializing in administrative and immigration law, with extensive experience in filing and defending contentious-administrative appeals. We offer comprehensive and personalized advice, analyzing your case in detail and designing the most appropriate legal strategy to defend your rights and achieve a favorable resolution.