Aliens

A Russian citizen was sanctioned with expulsion from Spain and a ban on entry for 5 years for being in an irregular situation (without extension of stay or valid authorization). The Administration argued, as the basis of its decision, that the affected party did not carry documentation, did not have a known address, and had 5 detentions, including one on the same day for an alleged sexual abuse of a minor. It also indicated that the affected party had not provided sufficient explanations about their stay or attempts to regularize their situation.

The affected party appealed in the contentious-administrative jurisdiction stating that the decision was poorly motivated and that the principle of proportionality had been disregarded, as their personal circumstances were not taken into account. Among other things, they argued that they had no convictions , that the detention did not result in a conviction, that they had proved their identity (with documentation linked to their mother), and that they had address established (registration), health card , a possible job offer, and that his mother supported him.

However, the court and the High Court of Justice (TSJ) confirmed the expulsion. Later, an appeal in cassation was not admitted.

The Constitutional Court (TCo) ruled in his favor when it established that the Administration applied the norm unreasonably , imposing the expulsion without explaining specific aggravating factors and erroneously relying on the Return Directive , giving it an "inverse direct effect" (bearing in mind that a directive alone cannot create obligations for individuals). It also criticized that the courts tried to add new reasons not used in the administrative resolution, something that is not appropriate, and that the mere news of detentions without conviction is not enough to justify proportionally an expulsion. Therefore, it annulled the sanction and the judicial resolutions.

Consult our professionals in immigration, irregular situation matters, etc., for procedures and actions that may arise from such situations or disagreement with an administrative or judicial action in this regard