What do I do if I have been notified of the denial of my asylum application in Spain?
Once the refusal resolution has been received, we will see that it establishes the obligation to leave the national territory within 15 days. However, there are also two types of appeal that we can file:
APPEAL FOR REPLENISHMENT
Submitted within 1 month to the Ministry of the Interior.
This appeal provides for review by the same body that issued the decision, the Ministry of the Interior.
This appeal allows to request the precautionary measure of a suspensive nature, that is, to postpone the obligatory departure from the country for the period corresponding to the processing of the administrative appeal. For this type of appeal, the precautionary measure of a suspensive nature must be adopted within one month. If no measures have been taken within a period of one month precautionary measures are granted for positive administrative silence.
CONTENTIOUS – ADMINISTRATIVE APPEAL
It is filed before the Contentious-Administrative Chamber of the “Audiencia Nacional”, within two months after the denial resolution has been notified or, if an appeal for reconsideration has been filed, two months after the resolution of the appeal for reconsideration has been received.
This appeal requires representation by a lawyer and solicitor. As in the previous case, it is possible to request the adoption of suspensive injunctive relief through the emergency procedure (within 3 days), or through the ordinary procedure (within 15 days).
The adoption of the precautionary measure or the mere filing of a suspensive appeal, allows to preserve the right to access to employment according to the European Union Directive.
If you have been notified of the refusal decision, do not hesitate to contact us and we will find the optimal measure and the most appropriate remedy to fight for your right to obtain international protection in Spain.
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