The Supreme Court has ratified a second sentence against the Government Delegation in Ceuta to take the necessary measures to obtain the return of another 12 minors who were repatriated to Morocco in August 2021 from the autonomous city of illegal way.
The Administrative Litigation Chamber has issued a second ruling in which it reaffirms that the return of minors after the avalanche of May 17 and 18, 2021, carried out by the Government Delegation, It was “illegal” due to the “absolute non-observance” of the Immigration Law and because it is prohibited “in a lapidary manner” by the European Convention on Human Rights.
This is a procedure similar to the one recently resolved by the Chamber in a first resolution that ratified the sentence of a Court of Ceuta and the Superior Court of Justice of Andalusia against the Government Delegation to take the necessary measures to obtain the return of the minors repatriated to Morocco. In fact, this new resolution is limited to applying the jurisprudence of the first casewhich affected eight minors, to whom another twelve were added in this second procedure.
Then, the Chamber established that these returns must comply with Spanish legislation and its guarantees and cannot be based only on the Spanish-Moroccan Agreement on the Concerted Return of Minorsas defended by the State Attorney’s Office on behalf of the Government Delegation, and the city of Ceuta.
The magistrates recall that the provisions of the Immigration Law require a individual administrative procedureinformation about the situation of each affected person, hearing them if they are mature and intervention by the prosecutor, which did not occur in the expulsion of those Moroccan minors in August 2021.
The Supreme Court, with this new ruling, dismisses the second of the appeals from the Government Delegation and the City of Ceuta in a process promoted by the Coordinator of Neighborhoods and the Raíces Foundation, which have represented the twelve minors.
