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Spain
Country of Decision : Spain
Court Name : ES: High Court of Justice [Tribunal Superior de Justicia]
Date of decision : 30/10/2018
Type :
ECLI : ECLI:ES:TSJM:2018:10745
Case Number/Citation/ Document Symbol : Roj:STSJ M 10745/2018 Appeal no. 1491/2017 Resolution no. 817/2018

Teodoulfo & Ors. vs Commissariat General of Foreigners and Borders, Ministry of Interior (Comisaria General de Extranjeria y Fronteras, Ministerio del Interior)

The appellants appealed the decision of the General Commissariat of Foreigners and Borders issued on November 15, 2017. The Commissariat did not allow them to travel to the mainland territory, even though their asylum applications were already admitted to processing. The Court considers the appeal presented by the appellants and decided to invalidate the contested decisions for violating the fundamental right of the appellants to circulate in the national territory and to freely choose their residence, as established in the Article 19 of the Spanish Constitution. It is recognized that there was no impediment to their transfer to the peninsula as they have the right to move from Melilla to any other city in the national territory.

Assessment of Application;

EU Charter of Fundamental Rights ; Revised Asylum Procedures Directive (Directive 2013/32/EU on common procedures for granting and withdrawing international protection) and/or APD 2005/85/CE;

EASO IDS

Spain,ES: High Court of Justice [Tribunal Superior de Justicia], Teodoulfo & Ors. vs Commissariat General of Foreigners and Borders, Ministry of Interior (Comisaria General de Extranjeria y Fronteras, Ministerio del Interior), 30/10/2018, ECLI:ES:TSJM:2018:10745
ES: High Court of Justice (Madrid) rules on the freedom movement around the Spanish territory of asylum applicants in Melilla.

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=277