Interior replies to the National Court that it has not issued any order on the repatriation of minors


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The Ministry of the Interior has replied to the National Court that “There is no act or instruction” on the repatriation to Morocco of the minors taken in in Ceuta “that may be appealed” since the only thing that has mediated is a letter from the Secretary of State for Security in response to a prior request from Ceuta “asking that they proceed to return” of children and adolescents. He requests the inadmissibility of the appeal.

The letter, to which ABC has had access, is signed by the Secretary of State, Rafael Pérez and responds to the request for information raised yesterday by the Contentious Chamber of the National Court in a process prior to settling the fate of a appeal presented by the Immigration and Refugee Support Network.

He asked for the nullity of the Interior order that started the repatrations, a letter sent to the Ceuta authorities on August 10 that kicked off the process, and thus, the suspension of the plan. As the plaintiff attached a copy of that letter, the first step of the National High Court was to require the Interior to provide the original and gave it 24 hours to do so.

However, in its response the Secretary of State, in addition to the letter, presents a series of allegations to promote that the entity’s appeal be inadmissible. The first, of an administrative nature: what is being appealed is a communication, which not an instruction or a ministerial order, as there are none. It would thus remain, in his opinion, outside the scope of action of the National Court.

“In reality, the appeal before the Chamber is filed against the agreement ordering the return of the minors, that it has not been dictated by the Ministry of the Interior. Therefore, the Chamber of the National Court would not be competent to hear the appeal. It is not an act dictated by a Minister or Secretary of State ”, he argues.

His starting point is that this letter is a response to a previous resolution of the Government of Ceuta, which “Has been requesting the application of the Agreement between the Kingdom of Spain and the Kingdom of Morocco” 2007 on the repatriation of unaccompanied minors.

«There is no act or instruction of the Ministry of the Interior that can be appealed to the Chamber to which we are addressings. The document whose copy is requested is limited to showing that the Ministry of the Interior requests that the minors be returned, respecting their interests or rights, “reasons the Secretary of State. “Consequently,” he adds, there is no objectionable administrative activity on the part of the Ministry of the Interior, the appeal is inadmissible ”.

The lack of administrative activity is precisely what has prompted the criticism of the Juvenile Prosecutor’s Office, which in its writings supporting the stoppage of the repatriation of two groups of children and adolescents to Morocco He reproached that Interior had based that decision on a mere “unsigned” letter, without having initiated a single file or having issued a single resolution. They were the same arguments that the Contentious Court number 1 of Ceuta used to stop the expulsion of nine minors.

Regarding this, the Interior’s allegation adds that in any case, the matter has already been prosecuted in Ceuta and recalls that order of last Monday that, in addition to suspending the repatriation of the nine affected, opened a period of 72 hours for the Delegation of the Government present its allegations.

Interior has assumed the resolution as a general stoppage of the process and by agreement with Ceuta, the deliveries are suspended while the judge studies and resolves these allegations. This is how Interior understands that
“The precautionary measure” requested by the Immigration Network to the National High Court “lacks meaning and effectiveness”
and therefore asks that it be inadmissible.

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