The National Court reviews the case of a Moroccan police to whom Interior denies asylum | Spain

The National Court will review the case of a Moroccan policeman who He requested asylum on the border of Ceuta last Monday night and to which the Interior Ministry has denied it. The agent’s lawyer has submitted an appeal against the refusal to accept her application by the Spanish Administration and a central court of the contentious-administrative has paralyzed the asylum petition procedure to listen to the administration version before making a decision, according to judicial sources.

The Contentious Court has admitted this Friday a « precautionary measure » that in practice will stop the return of the Moroccan agent to his country until the appeal is resolved. The resolution has given the Ministry of Interior three days to provide this data, as the same sources add. Thanks to the admission to the process of the appeal, the asylum applicant may remain in Spanish territory, add sources from the Superior Police Headquarters of Ceuta.

The agent, allocated in Tangier, appeared at the Ceuta border last Monday night and requested asylum for reasons that have not transcended. He was working, the weapon and the transmission team were removed and marched for the Spanish border, police sources point out. He was denied and asked to review his case, after which he obtained a new negative, according to his situation. Then his legal representative appealed the decision before the National Court.

This Friday the agent has remained in the border post of Ceuta. Sources of the Police Headquarters of the Autonomous City point out that after the review of his case by the National Court he has freedom of movement.

The case has drawn attention because it is not common in the Autonomous City, according to several sources. Yes, they are remembered asylum requests for military, or agents of the auxiliary forces, a paramilitary body that depends on the Moroccan Interior Ministry and is displayed for the maintenance of the order in a broad sense, such as concentrations or manifestations.

The Interior Ministry does not provide information on international protection requests, as they are cases that require special confidentiality, sources from this department explain.

According to Law 12/2009, which regulates asylum right, interior can denied the asylum application with a resolution motivated in cases where there is a lack of competence or lack of requirements, or by another series of reasons, such as that issues are raised that are not related to the condition of refugee, or that the person who requests it proceeds from a country considered safe. Also when the applicant is considered a danger or has committed a crime, among other factors, such as that he raises incoherent, contradictory, unlikely, insufficient allegations, or that contradict contrasted information about their country of origin, or of habitual residence.

The border asylum application deadlines are shorter. The Interior Ministry has four days since it is presented to pronounce and can be extended up to a maximum of 10 days, in the event that the United Nations High Commissioner for Refugees (UNHCR) requests it. Against the inadmissibility or denial, a request for reexamen can be filed, as the Moroccan agent did, within two days, and that interior also has a period of two days to respond. The decision of the National Court gives a respite to the Moroccan agent who requested the aid, to better examine his case.