Administrative and judicial remedies international protection

We have noted that the Office of Asylum and Refuge (OAR) of the Ministry of the Interior created a specific section on administrative (replenishment) and judicial appeals lodged against decisions given in international protection files, covering the following points:

Administrative appeals – Replenishment appeals:

• deadline
• presentation
• suspension of the contested decision. Requirements 

Suspension of the contested decision. Requirements 

 The lodging of the appeal for reconsideration shall suspend the enforcement of the contested decision if the following conditions are met:

a) To expressly request the suspension of the effects of the decision on the appeal itself.

b) That one month elapses from the filing of the appeal by electronic registration of the Administration or Body competent to decide on it without the suspension request having been resolved.

c) That the appeal is filed within the time limit.

Once these conditions have been met, the contested decision will automatically be suspended and the applicant will have rights and obligations similar to those he or she had as an applicant for international protection until the Administration expressly decides on his or her appeal.

• certificate attesting to the suspension by silence of the enforceability of the contested decision
• withdrawal of the appeal for reconsideration
• maximum time limit to resolve
• sense of administrative silence

Judicial remedies:

• deadline
• competent judicial bodies
• lodging of the appeal. Lawyer and Solicitor
• legal aid. Lawyer and Public Prosecutor
• suspension of the decision appealed from in court
• judgment
• free of charge

* Information obtained through the Specific section on international protection of the Asylum and Refuge Office (OAR) of the web portal of the Ministry of the Interior.