Judicial Review
Proceedings
Where the authorities refuse an immigration application or impose a penalty, the person concerned has the right to appeal to the administrative courts. This app…
Where the authorities refuse an immigration application or impose a penalty, the person concerned has the right to appeal to the administrative courts. This appeal — the recurso contencioso-administrativo — allows a judge to review what the authorities have done and, where appropriate, to set the refusal aside.
When to appeal
A judicial review appeal is available against the refusal of residence and work permits, renewals, family reunification applications, citizenship applications and any other unfavourable immigration decision. It is also available against penalty proceedings and removal orders. The appeal must be brought within 2 months of being served with the decision.
Interim measures
Alongside the appeal, interim measures can be sought to suspend enforcement of the decision under challenge while the proceedings run their course. This matters particularly in removal cases, where enforcing the order would render the appeal pointless.
Our approach
We examine the refusal in detail to identify the procedural defects or errors of law on which the appeal can be founded. We prepare the notice of appeal and the statement of case with technical rigour, adduce the necessary evidence and attend the hearing if one is held. Our aim is a favourable judgment requiring the authorities to decide in accordance with the law.
Enforcing judgments
Once a favourable judgment has been obtained, the authorities are bound to comply with it. If they do not do so voluntarily, we apply to the court itself for compulsory enforcement. At AbogadosDVA we have extensive experience at the enforcement stage, making sure the judgment is complied with in full.
Requirements and documents
The requirements and the documents you will need vary with the circumstances of each case. To find out what applies to yours, get in touch with the firm and we will advise you personally.
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