Case summaries
The case deals with the illegitimacy of denying the registration of an international protection request on the basis of the request being issued before a non-competent authority and lacking the criterion of “autonomous accommodation”.
This case concerned the right to apply for asylum and seek an effective judicial remedy where the applicants had not reached Spanish territory (by land or sea). The Spanish Commission for Refugee Assistance (CEAR) lodged an appeal before the Supreme Court against a decision of the High National Court. CEAR alleged that the applicants’ right to seek asylum and the right to effective judicial protection had been violated. The Supreme Court held that the applicants could not exercise those rights as they had not arrived on Spanish territory.