Question
What recourse do individuals have when the Administration imposes excessive requirements on their immigration applications and dismisses or denies them, and how can they assert their constitutional rights in the face of such actions?
Answers
These are the answers of some Facebook group members:
“Your immigration status is not solely determined by the Administration. It is important to note that the Administration’s perspective on requirements such as “zero-copay health insurance” or client “pre-contracts” does not necessarily reflect the actual legal requirements. Furthermore, despite the Administration’s assertions, you cannot be obligated to fulfill any requirement that goes beyond what is mandated by existing laws.
If you encounter a situation where your applications are dismissed, archived, or denied by the Administration due to excessive requirements, it is advisable to seek legal advice regarding a contentious-administrative appeal. While the prospect of going to court, especially when taking legal action against the State, may seem daunting, it is important to remember that constitutional rights include the right to effective protection from Judges and Courts in the pursuit of your legitimate rights and interests.”
Here is a court decision that overturns an administrative decision to deny a person a residence permit.
Also, in July the Spanish Supreme Court eliminated the 6-Month stay rule for Spanish Non lucrative visa renewal. The court ruled in favor of an Iranian citizen who had her temporary residence and work permit in Spain terminated by the Government Subdelegation in Girona (Cataluña) in 2019.
In conclusion, according to Spainguru Facebook group members, individuals facing excessive requirements and dismissals in their immigration applications can assert their constitutional rights by seeking legal representation, filing appeals or complaints, and utilizing administrative procedures and remedies available to them. It is crucial to persist and seek assistance from relevant organizations or advocates to navigate the process and protect their rights.
