Denial of Proceedings: Contentious-Administrative Appeals

Description of the service

In case you have been denied a visa, a permit of residence, the spanish citizenship, you can file an Appeal For Reversal or, otherwise, a Contentious Administrative Appeal. Entrust our expert immigration lawyers of Tolentino Abogados to assist you lodging the Appeal.

Do you know when to lodge an Appeal For Reversal or a Contentious-Administrative Appeal?

Plenty of denials occur, either related to visas, permits of residence or citizenship. Citizens can appeal the Public Administration’s decisions, which will lead to a revision of the administrative act by the same authority that had issued it, as long as it ends the administrative procedure. This kind of appeal is potestative, given the fact that it can be skipped, directly lodging the Contentious Administrative Appeal.

The reasons why denials occur are several and they will depend according to each case: lack of documentation, not proving the required period of residence, criminal record, expired or defective documentation, etc.

Procedure:

●       Being denied.

●       You will have 30 days to lodge the Appeal For Reversal or directly lodge the Contentious Administrative Appeal in 60 days.

●       In case you choose for the Appeal For Reversal and the outcome is negative, you can lodge a Contentious Administrative Appeal.

●       Each part in a Contentious Administrative Appeal must be assisted by a lawyer, being optative the representation by means of a representative ad litem

●       It is necessary to discern between different cases, depending either on the related administrative process or the Administrative jurisdiction:

●       The deadline to lodge a Contentious Administrative Appeal is two months starting from the notification of the decision that has to be impugned or from the notification of the act that end the administrative procedure, as long as the act is express.

●       In case of presumed acts, the deadline to lodge the appeal is 6 months, starting from the day of production of the act, according to the applicable regulation.

●       In case that have passed three months since the claim toward the Administration without its decision,, the deadline to lodge the appeal is two months starting from the aforementioned three months

●       In case the Administration do not execute the determined acts, the person affected can request its execution and whether its not executed in the term of one month, the appellant can lodge the appeal after the aforementioned month.

●       In case the appellant has lodged the Appeal For Reversal, the deadline to file a Contentious Administrative Appeal is two months starting from the express dismission of the Appeal For Reversal or when the dismissal is intended.

●       In case of disputes between Administrations, the deadline to lodge the appeal is two months, unless the law has established a different term.

What it is included

Our expert immigration lawyers of Tolentino Abogados will assist and represent you in the entire process, as in all the legal assistance needed in order for the client to find a satisfactory solution to the matter.

What does not include:

Our service does not comprise the assistance in Spanish Consulates. We personally assist within our Firm located in Madrid, Spain, and in Santo Domingo City, Dominican Republic.

With regard to other matters, we provide legal aid online.