The TSJC confirms the suspension of the order of the Government of the Canary Islands not to welcome new migrant minors | CGPJ | Judiciary | Superior Courts of Justice | TSJ Canary Islands | Communications Office

2024-10-08 10:05:00

The Administrative Litigation Chamber of the TSJC at its headquarters in Las Palmas (Second Section) confirmed the order of 25 September by which, at the request of the NGO Spanish Immigration and Refugee Assistance Network, it agreed to suspend provisionally the agreement of the Government of the Canary Islands which on 2 September informed the collaborating bodies in the field of migration that they “would not” “welcome” new migrants under the responsibility of this Autonomous Community, without prior communication of compliance or express authorization from part of the Autonomous Authority competent authorities, in order to protect the interests of the unaccompanied minors they are already taking care of.

In that resolution, the House took the decision very provisionally, weighing urgent interests, without listening to the government’s accusations (as established by law in these cases of very precautionary measures). Now, provisionally, but with the administration’s accusations on the table, he reiterates the precautionary suspension, without prejudice to the fact that the application of the agreement “involves a serious risk of delays in the process of assistance for immigrant minors, when their entry into reception centers is delayed, with the consequent harm this may cause to a group who, due to their circumstances, are particularly vulnerable.”

The Court clarifies: “We are not unaware of the serious migratory crisis that the Canary Islands are suffering, and we also understand the interest of the regional administration in trying to order the reception of new minors (…), but what we have to evaluate in this case it is whether the application of the agreed measure (…) could cause the appeal to lose its legitimate purpose (…) and we believe so, given that affected by the measure are the migrant minors whose fundamental rights are addressed .