The National Court has rejected the request of the Interior that asked to reject the appeal of an NGO against the “instruction” on the repatriations to Morocco of minors in Ceuta, so that it agrees to continue with the case and gives the association eight days. to formalize the claim. The Fifth Section of the Administrative Litigation Chamber has made this decision after receiving the disciplinary file of the Interior, which stated that it has no competence in repatriations since it is a matter of the Autonomous Government and the Government Delegation and requested the inadmissibility of the process.
But a decree of the Chamber, to which EFE has had access, considers that “not appreciating reasons on which the inadmissibility of the procedure could be based, the proceedings should continue” through the procedures of the “Special Procedure for the Protection of Fundamental Rights of person”. Likewise, it gives a period of eight days to the Spanish Network for Immigration and Refugee Assistance, which filed the appeal, so that it can formalize the claim once it has access to the complete file of the Ministry that the Court must send it.
In the brief that accompanies the file, the Secretary of State for Security, Rafael Pérez, insists that the August 10 document “is not an instruction” and affirms that “the processing and resolution of the files related to the return (.. .) is not the responsibility of the Ministry “.
However, he adds that “for the sake of inter-administrative collaboration”, a letter was issued in which “it was requested that the minors be returned” to Morocco, which he brought to the attention of the State Attorney General’s Office. For all these reasons, it insists that “none of the violations of fundamental rights that are invoked can be predicated of the communication of August 10”, which is the object of the process.