Spanish Court Denies Visa for Moroccan Widow’s Family Reunification in Jaén

The Spanish Consulate General in Casablanca had refused the family reunification visa to the widow in December 2021. The Superior Court of Justice of Madrid (TSJM) recently rejected the appeal filed by the widow’s family against this decision of the consulate. The widow, born in 1955 and mother of five children, three of whom are settled in Spain, one in Italy and one in Morocco, applied for family reunification to reside with one of her sons in Jaén, believing she had this right and assuring that the latter will provide for all her needs in Spain. But the consulate had declared itself incompetent to authorize such family reunification, reports Diario Jaen.

According to the European Court of Human Rights, family reunification as provided for in Article 8 of the European Convention cannot serve as a legal basis for a claim, nor be considered an obligation to authorize family reunification in a given country.

For the Madrid court, the extent of a State’s obligation to authorize the entry of a migrant’s family members established on its territory depends on the particular situation of the persons concerned and the general interest. "In accordance with certain rules of international law and without prejudice to the obligations arising from international conventions, States have the right to control the entry of foreigners into their territory. In doing so, they have a wide discretionary power," the decision states.

Spanish law on foreigners authorizes the reunification of the first-degree ascendants of the applicant, when he is responsible for them and over 75 years old. The decision of the Madrid court, rendered at the end of January, is subject to appeal within a period of thirty days from the day after its notification. This decision is therefore not final.