Saturday, September 25

Interior responds to the National Court that it is not competent to stop the returns of minors


The Ministry of the Interior has asked the Contentious-Administrative Chamber to reject the appeal presented by the Spanish Association for Immigration and Refugee Assistance against the return of unaccompanied minors from Ceuta. The portfolio headed by Fernando Grande-Marlaska alleges that it is not the competent administration in this process and that these facts are already being analyzed by a Ceuta court.

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“There is no act or instruction of the Ministry of the Interior that can be appealed before the Chamber to which we are addressing,” alleges the department headed by Fernando Grande-Marlaska in a letter to which elDiario.es has had access and which responds to the deadline 24 hours to present the official letter on the return of minors who accessed Ceuta last May from Morocco.

The Contentious-Administrative Chamber of the National Court had demanded that the Ministry of the Interior send within a period of 24 hours the official letter of August 10 in which the Secretary of State for Security bases the repatriation of minors under the Agreement of 2007 signed with Rabat.

“The document whose copy is requested is limited to showing that the Ministry of the Interior requests that the minors be returned respecting their interests or rights,” Interior responds in an appeal signed by the Secretary of State for Security, Rafael Pérez, in line with what is defended by the Interior these days: that it is the Government of Ceuta that proceeded to request the return of the minors.

In the text, Interior justifies that “as a result of the entry of people from Morocco that occurred in Ceuta on May 17 and 18,” it became necessary to implement measures to guarantee effective protection and guardianship, “as well as” the return of said minors to Morocco, provided that this is advisable after having analyzed their personal circumstances “.

The letter explains that the Government of Ceuta “has been requesting the application” of this agreement between Spain and Morocco on successive occasions and that the Executive of the city did it for the last time on August 10. “In response to this, a letter was sent asking that the minors be returned to the Kingdom of Morocco, respecting their interests and rights at all times,” the letter continues, always insisting on the arguments that Marlaska has given in the last days: “All this with the ultimate aim of guaranteeing in each case the conditions of effective family reunification of the minor or their delivery to a guardianship institution.”

That is why the Ministry understands that “there is no” Interior “act or instruction that can be appealed before the Chamber” and that the appeal “is filed against the agreement ordering the return of the minors, which has not been dictated by the Ministry of the Interior “. Therefore, he insists, “the Chamber of the National Court would not be competent to hear the appeal. It is not an act dictated by a minister or secretary of state.”

Finally, the text specifies that “the return agreements are already being prosecuted” by a Ceuta Court, specifically the Contentious-Administrative Court No. 1, for which, it considers, “the processing of this appeal would violate the litispendency” . “Even in the Ceuta court, the suspension of the return of the minors has been agreed as a precautionary measure,” the Ministry recalls, “so the precautionary measure in this process lacks meaning and effectiveness.”



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