The contentious-administrative appeal is a judicial procedure that allows you to challenge the refusal of Spanish nationality by the Ministry of Justice or the lack of a response within the deadline of 12 months (administrative silence). It is submitted to the Audiencia Nacional and seeks to have a judge review the administrative decision and grant nationality if the applicant meets all legal requirements.
This appeal may be lodged either if the refusal has been expresses (negative resolution) as if it has been alleged (for lack of response after a year of waiting). It is not compulsory, but it is a recommended option to speed up the process, since in many cases, once the process has started, the administration grants nationality before the trial.
In order to lodge an appeal, it is compulsory to have a barrister and solicitorThe appeal is lodged by the State, which will draw up a written statement contesting the decision and providing the necessary documentation. The procedure follows several stages: lodging of the appeal, admission, request of the file to the Administration, presentation of the lawsuit and the State's reply, concluding with a judgement. However, in many cases, the Ministry grants the nationality before reaching the final stage by the so-called "appeal". "extra-procedural satisfaction".reducing the waiting time to about three months instead of the year that a full trial usually takes.
This remedy is recommended when the applicant fulfilled all the requirements at the time of the initial application. If the refusal is due to administrative errors or a failure to resolve it within the deadline, the challenge may be successful. However, if there are justified grounds for refusal (such as a criminal record or prolonged periods outside Spain), the appeal may result in a new negative decision and the payment of court costs.
At Echeverría Farriols Lawyers & Associates we advise and represent you in the filing of your contentious-administrative appeal to ensure that your right to Spanish nationality is recognised quickly and effectively.
