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Spanish Government Withdraws Legal Appeal Over Care of Asylum-Seeking Minors in Canary Islands

Spanish Government Withdraws Legal Appeal Over Care of Asylum-Seeking Minors in Canary Islands

The Spanish government's decision follows a Supreme Court ruling mandating the care of over 1,000 unaccompanied minor asylum seekers in the Canary Islands.
The Spanish government has formally withdrawn its legal appeal against a Supreme Court ruling that required the state to take responsibility for more than 1,000 unaccompanied minors seeking asylum who are currently under the care of protection services in the Canary Islands.

This decision was announced following a meeting between Ángel Víctor Torres, the Minister of Territorial Policy and Democratic Memory, and Fernando Clavijo, the President of the Canary Islands, where they agreed to assess the situations of the minors on a case-by-case basis.

Félix Bolaños, the Minister of the Presidency, Justice and Parliamentary Relations, confirmed the productive nature of the meeting between the Spanish government and the Canary executive.

He described the withdrawal of the appeal as a demonstration of goodwill and negotiation trust, stating that it would allow both parties to focus on reaching an agreement instead of being embroiled in judicial procedures.

Ángel Víctor Torres characterized the government’s withdrawal of the appeal as a sign of collaboration with the regional administration.

He noted that after the Supreme Court issued the ruling, there was a strict five-day period for an appeal, which the State Attorney's Office routinely pursues in matters affecting the general administration of the state.

The precautionary measure established by the Supreme Court on March 25 mandated that the state must accommodate the over 1,000 unaccompanied minors currently in the care of Canary Islands services who have applied for or expressed an intention to seek asylum.

The government has consistently maintained its intention to respect the ruling, a point emphasized by Torres after his meeting with Clavijo, where he assured that the ruling would be practically implemented.

Prior to the meeting, the State Attorney's Office had filed the appeal to prevent the expiration of the time limit set by the Court.

The appeal asserted that the Canary autonomous administration holds the competence for the care of migrant minors, regardless of their asylum-seeking status.

The government argued that complying with the ruling and transferring these minors to state resources would adversely affect the best interests of the minors.

Supreme Court judges acknowledged that this issue involves overlapping competencies between state and regional administrations.

They asserted that while it is the responsibility of the autonomous community to care for these minors in an evident state of neglect, the situation becomes more complex when they also seek asylum.

The judges noted that the legislation concerning asylum seekers falls under state jurisdiction.

They indicated that a collaborative effort between both administrations is necessary for the care of these minors, deeming the current situation as untenable, which led them to agree on immediate access to the state asylum-seeking accommodation system as a precautionary measure.

The Canary minister highlighted that discussions between the central and regional governments have been ongoing for over a year, characterized by differences and moments of tension.

He expressed hope that the difficulties of this process would conclude with the ratification of a decree law modifying immigration law.

Torres emphasized that this new distribution mechanism among autonomous communities could become historic, potentially alleviating the overcrowded conditions in the Canary Islands by facilitating the relocation of 4,000 minors to other parts of the country.
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