The Supreme Court (TS) has established a doctrine by agreeing that unaccompanied foreign minors cannot be expelled from the national territory while they manage their residence permit in Spain considering that this would imply a violation of the right to effective judicial protection.
The magistrates have met to determine “if it is compatible with the right to effective judicial protection as well as with the Respect for the principle of the best interests of the minor agree on the sudden loss” of an appeal when the Administration has revoked an expulsion –by verifying the applicant’s minority– but has not responded to the minor’s request to regularize his situation.
In the sentence, to which Europa Press has had access, the magistrates have addressed the case of a young man who reached the Supreme Court after the Government Sub-delegation in Granada agreed to his expulsion and He was banned from entering for three years. as a result of “his irregular stay” in Spain.
Dissatisfied with the agreement, the minor first went to court considering that the Administration had not agreed to carry out a test when it received the decree from the Juvenile Prosecutor’s Office for which he was considered of legal age. While the case was being processed in court, the young man provided a new decree in which the Juvenile Prosecutor’s Office corrected himself and considered him a minor.
Thus, he requested not only the annulment of the expulsion agreement issued by the Government Sub-delegation, but also that he be recognized as a minority, that he be provided with documentation as a foreign minor, that he be granted a residence permit and to be allowed to stay in a juvenile facility.