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Spain
Country of Decision : Spain
Court Name : ES: Supreme Court [Tribunal Supremo]
Date of decision : 29/07/2020
Type : Judgment
ECLI : ECLI:ES:TS:2020:2497
Case Number/Citation/ Document Symbol : STS 2497/2020 Resolution number: 4893/2019

General Administration of the State (Administracion General del Estado) v Jefatura de Policía de Ceuta

ES: The Supreme Court recognised the right to free movement to the entire Spanish territory for applicants in Ceuta (or Melilla)

M. Carlos Alberto, lodged an application for international protection in Ceuta and has received a resolution issued by the Ceuta Police Headquarters, by delegation of the General Police Station for Immigration and Borders of the Ministry of the Interior, which certified his status as applicant for international protection and mentioned the document’s validity as “only in Ceuta”. The applicant contested the registration “valid only in Ceuta” as interfering with his freedom of movement within national territory but the General Directorate of the Police dismissed his complaint. The case was further brought before the Supreme Court.

The Spanish Supreme Court ruled that an applicant for international protection in the autonomous city of Ceuta (or in another case, Melilla), whose request was admitted and while being processed, has the right to ejoy free movement in Spain, even on a provisional basis, regardless of his/her location or without limitation to a part of the national territory. Despite their freedom of movement, an applicant for international protection keeps the obligation to communicate to the authorities any changes of address.

The Court further ruled out that the registration that limits the validity of the documentation issued to an applicant for international protection, to Ceuta (or otherwise, Melilla), is not in accordance with the law. 

 

 

Asylum Procedures/Special Procedures; Reception/Accommodation;

Other EU legislation;

EASO IDS

Spain, Supreme Court [Tribunal Supremo], General Administration of the State (Administracion General del Estado) v Jefatura de Policía de Ceuta, STS 2497/2020 Resolution number: 4893/2019, ECLI:ES:TS:2020:2497, 29 July 2020. Link redirects to the English summary in the EASO Case Law Database.

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1227