Judicial review appeals
When the authorities won't correct their decision, a judge can review your case. We explain your options frankly before you take the step.
What it involves
The judicial review appeal (recurso contencioso-administrativo) is the route for taking an immigration decision you disagree with before a judge: a refusal, an expulsion, a penalty or administrative silence. It is a court procedure, with its own rules, in which the court reviews whether the authorities acted lawfully.
Is this your case?
- You appealed through the administrative route and the refusal was upheld.
- You have an expulsion order and want a judge to review it.
- You have been refused nationality or a permit and believe you are right.
- You need a decision to be suspended while the case is decided.
How we help
We analyse the whole file and tell you frankly what chances we see, what costs and risks the court case involves and how long it may take. If you decide to go ahead, we prepare the claim, request interim measures when needed and represent you at every stage of the proceedings, including the hearing if there is one. We can help you in Spanish, Arabic, Tamazight, French and English, at our offices in Tenerife, Gran Canaria, Málaga and Barcelona or online, wherever you are in Spain.
Before going to court, an administrative appeal is often possible; and if your case is an expulsion, we act from the very start.
Frequently asked questions
- What is the difference between an administrative appeal and a judicial review appeal?
- An administrative appeal is decided by the authorities themselves. A judicial review appeal is a court case: an independent judge decides, but there are more formalities and it can involve higher costs.
- If I lose the case, do I have to pay the costs?
- It can happen: in some cases the court orders the losing party to pay the costs. Before starting, we explain that risk and, depending on your income, whether you can apply for free legal aid.
- While the case is going on, can I be expelled or left without papers?
- Filing the appeal does not always stop the decision from taking effect. That is why, when necessary, we ask the judge for interim measures to suspend it while the case is decided.
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Tell us about your case.
A first conversation — confidential and without obligation — to understand whether we can help, and how.
We speak Spanish, Arabic, Tamazight (Berber), French and English.