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APPEAL FOR RECONSIDERATION :
It is appealed in writing with allegations against the denials of residence applications, denials of renewals of residence and long-term work, labor roots, social roots, family roots, expulsion, this appeal is resolved in less than 3 months approximately, by express resolution notified otherwise the appeal is dismissed, if there is no response from the delegation, it is considered denied, being able to file a contentious appeal before the Courts. It is more effective in case of denial of renewal due to criminal records the contentious appeal, we have more tools, such as precautionary measures that are resolved in a short period of time, since the appeals for reconsideration the administration in many cases confirms the denial already resolved. OUR RESOURCE SUCCESS STORIES
we present for more information about our cases, exemplary judgments of our firm, in expulsions, visas, etc.
Appeals expulsion. Our judgment reverses and annuls.
Contentious appeal against expulsion – annulling the expulsion by fine.
Model contentious appeal on expulsion and judgment annulling expulsion.
judgment upholds appeal Fbernal Abogados cancels EXPULSION
Supreme Court decision upholds appeal for tourist visa to FBernal abogados
ruling TSJ family reunification FBernal Abogados
We present the sentence dictated in the Contentious Court of Toledo 2, in which we obtained the substitution of the expulsion by fine, where we obtained the suspension of the expulsion in the term of 3 months from the presentation of the resource, in this case the client did not have roots in Spain and we thanks to our experience of more than 10 years in foreigners, we obtained alleging sanctioning defects of the administration, always avoiding the unprotection of the client before an eventual police arrest. For any doubt, please contact us.
JDO. CONTENTIOUS/ADMTVO. N. 2
TOLEDO
01600
MARQUES DE MENDIGORRIA, 2
Unique Identification Number: 45168 45 3 2009 0200465
Procedure: PROCEDIMIENTO ABREVIADO 0000284 12009 D
About STATE ADMINISTRATION
From D/ña. RONALD S.
Representative Mr./Ms. Mr./Ms. PEDRO FERNANDEZ BERNAL
Against Mr./Ms. SUBDELEGADO DEL GOBIERNO EN TOLEDO
Representative Mr./Ms. STATE ATTORNEY
JUDGMENT No. 58
In TOLEDO, on the eighteenth day of March, two thousand eleven.
On behalf of H.M. THE KING, the Hon. Mrs. MARIA LUISA
CASAL FERNANDEZ, Substitute Magistrate-Judge of the Contentious-
Administrative n ” 2 of TOLEDO and its Party, having seen
the present proceedings of ADVOCATE PROCEDURE N° 284/2009-0
followed before this Court, between parts, of a as
appellant Mr. RONALD S.,
represented and
defended by Counsel Mr. PEDRO FERNANDEZ BERNAL and on the other
as defendant the SUBDELEGATION OF THE GOVERNMENT IN TOLEDO,
represented by the ATTORNEY OF THE STATE.
FIRST. The representation of Mr. RONALD S.
filed a contentious-administrative appeal
resolution issued by the SUBDELEGACIÓN DEL GOBIERNO EN
dated January 30, 2009.
SECOND.
– After the appropriate procedural steps, which can be seen in the proceedings, the parties were summoned to the hearing
scheduled for March 15, 2011, which was held
with the appearance of the aforementioned parties, with
the result that can be seen in the minutes of the trial, leaving the
proceedings concluded and ready to issue a sentence.
THIRD. In the processing of this proceeding, all the legal formalities have been
complied with. FIRST.- By the procedural representation of Mr. RONALD ,
A contentious
administrative appeal is filed against the resolution issued by the Subdelegate
of the Government in Toledo dated January 30, 2009, by
which decrees the expulsion of the appellant from the Spanish territory
and prohibits him from entering Spain and the countries
mentioned for a period of five years. It is formulated as a
claim that the administrative act
appealed against be declared null and void and, in the alternative, that the expulsion be replaced by a fine
. The State Attorney
opposes this claim and considers that the appeal should be dismissed, requesting
, in the alternative, the imposition of a fine of 500 €.
RONALD S. against the administrative resolution dictated
by the Subdelegate of the Government in Toledo, dated January 30
of 2009 by which the expulsion of the appellant
from Spanish territory is decreed and she is prohibited from entering Spain and
in the countries mentioned for a period of five years. And
I must partially annul the appealed decision, annulling the
sanction of expulsion from Spanish territory and replacing it with
that of a fine of 500 Euros.
Visa denial:
Considerations:
In case of presenting a visa and it is denied by the consulate, the foreigner can always appeal, within a term, approximately, attending to two types of appeal, reposition before the same consulate, 1 month of term or contentious appeal, 2 months of term, this appeal is presented in Madrid, before the Superior Court of Justice of Madrid, obligatorily, otherwise it is inadmissible, signed by lawyer and procurator.
It is currently occurring since 3 years ago many denials of Spanish nationality, and the most frequent causes , are for failure to comply with art. 22 of the Civil Code, unlawful behavior, criminal records, or police, lack of integration, this reason is for not properly answer questions about Spain, society, culture, it is very common to deny in small Civil registries, locals, populations outside Madrid as Getafe, also, populations of Tarragona, Bic, etc.. Also for not fulfilling the term of years to enter to request the Spanish nationality, we presented resource to all Spain.
The solution is to file an appeal for reconsideration before the Ministry of Justice, which has a term of 1 month, or to file a direct contentious-administrative appeal before the Audiencia Nacional.
Regarding both appeals, we are successful in both Delegations, in order to be able to appeal we must have a copy of the notified denial.
Due to the large number of files that have been processed by the civil registrars of nationality, about 400,000 files, they are being strict in granting nationality.In very paradoxical cases that have come to us, such as a university professor, with all her family nationalized, and being of Venezuelan nationality who is denied for lack of integration for not answering the questionnaire questions properly, subsequently contacted us and we achieved the estimation of nationality appeal, many cases of being out of time the criminal record certificate of the country of origin, or having a criminal record, we also achieved the granting of Spanish nationality, obtaining a 90% success rate in the appeals filed.
We filed an appeal to the National Court, which upheld our nationality.
This client came to us after more than 4 years trying to appeal the denial of nationality with various appeals filed in Zaragoza, which was not granted, by certificate of criminal record not of origin, until finally we appealed to the National Court and with our help the nationality was granted, here is the sentence:
SENTENCENATIONAL COURT GRANTS SPANISH NATIONALITY TO OUR CLIENT