A Spanish court has overturned the deportation of a migrant who was not allowed to appeal the rejection of asylum.
A court in the Canary Islands has overturned the deportation of a migrant who was denied asylum and deported without the possibility of appeal, ordering Spain to allow him to return.
The Canary Court (TSJC) has overturned the deportation of a migrant who applied for asylum in Tenerife. He was given 3 months to process the case, but when he went to the police to extend his permit and find out what was happening with his case, he was told that it had been rejected. He was arrested and flown to Morocco 2 days later.
The court ruled that he was not given a lawyer or translator during the arrest, nor was he informed that he had to leave Spain after his asylum application was rejected. The migrant had the right to appeal the decision in court and to the Ministry of the Interior, but he was not allowed to do so.
Now, the court not only overturns the deportation, but also says that the migrant has the right to return to Spain. However, after his return, the authorities may re-examine his case.
The court explained that deportation must take place with respect for a person's right to legal protection. The administration must respect the rights of those seeking asylum. Importantly, the migrant was not given the opportunity to appeal the denial of asylum. He himself went to the police to extend his permit and showed that he had a job and was married to a Spanish woman.
The migrant arrived by boat to Tenerife in November 2020. The boat was intercepted and taken to port. Initially, the authorities decided to deport him, but he filed an appeal, which was rejected. After that, he applied for asylum.
In June 2022, he submitted documents for international protection, which allowed him to live and work in Spain. This document guarantees that a person will not be returned to the country from which they fled while their case is being considered. But when he went to the police to extend his permit, he was arrested.
The next day, a lawyer filed a complaint, but it was rejected. The migrant was deported on March 4 by plane to Senegal, not Morocco, but the court does not consider this important.
The court's decision can still be appealed.