Skip Ribbon Commands
Skip to main content
Spain
Country of Decision : Spain
Court Name : ES: Supreme Court [Tribunal Supremo]
Date of decision : 29/07/2020
Type : Judgment
ECLI : ES:TS:2020:2662
Case Number/Citation/ Document Symbol : STS 2662/2020 Resolution number: 1130/2020

Luis Andres v Spanish Public Administration (Administracion General del Estado) [Decision TSJM no. 19/2019 of 17 January 2019]

ES: The Supreme Court confirmed that asylum applicants have the right to establish their residence in any other city of the national territory, including applicants in cities of Ceuta and Melilla.

The case concerned an appeal submitted by the General Administration on the sentence of the High Court of Justice of Madrid in which the court recognised the applicant's right to move from Melilla to the mainland. 

The Supreme Court confirmed that asylum applicants have the fundamental right of freedom of movement throughout the territory of the Spanish state and can freely establish their residence throughout the national territory, although with the obligation to communicate it to the corresponding authority. The court noted that this should be also extended to applicants for international protection who are in the cities of Ceuta and Melilla in the moment their applications are admitted, as they have the right to establish their residence in any other city of the national territory, without this right being limited by the authorities due to their condition as applicant for international protection in those cities.

Reception/Accommodation;

National law only (in case there is no reference to EU law/ECHR); Other EU legislation;

EASO IDS

Spain, Supreme Court [Tribunal Supremo], Luis Andres v Spanish Public Administration (Administracion General del Estado) [Decision TSJM no. 19/2019 of 17 January 2019], STS 2662/2020 Resolution number: 1130/2020, ES:TS:2020:2662, 29 July 2020. Link redirects to the English summary in the EASO Case Law Database.

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1403