The Spanish Constitutional Court has granted protection to a woman of Chilean nationality who has resided in Spain continuously since 1995 and whose daughter was born in a European country in 1998.
he constitutional court (TC) Protected in Spanish Chilean woman I have lived in Spain since 1995, Denied residence.
Even though I was raising my only daughter, this kind of thing happened, Spanish born in 1998. The Guarantee Court reported on Monday.
The mother of a Spanish daughter has applied for temporary residency in Spain because she is a relative of a European Union member state.
despite this, A deputy government delegation in Barcelona denied this.
The agency claimed that the woman was not responsible for her daughter’s care in her home country (Chile). ordered expulsion from Spanish territory.
Victim appeals to court But although at first they agreed with him, This ruling was later overturned by the High Court of Catalonia.
That is why he decided to seek protection from the Constitutional Court.
Spanish court protects European daughter and Chile
In its resolution, the Constitutional Court acknowledged that the disputed judgment had been handed down and granted Amparo. “In a strict interpretation of the applicable regulations.”
“The above was done without due consideration of petitioner’s personal and family circumstances,” they added.
The Court of Guarantee understands that the right to effective judicial protection was not respected in the cases in which it was also at stake. “Individual and family rights to privacy and constitutional interests of social, economic and legal protection of families”.
Likewise, the TC has canceled the sanctions of expulsion from Spanish territory imposed by the administrative authorities.
In Spain, an appeal against Amparo can be brought to the Constitutional Court if a decision of the state’s public powers is deemed to have violated fundamental rights and public liberties.
Source: Biobiochile
