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Appeals against fines

For those who have received an immigration fine and want to appeal against it.

Appealing against a fine

Under Organic Law 4/2000 on the rights and freedoms of foreign nationals in Spain and their social integration, certain acts by foreign nationals may constitute offences of different categories: minor, serious and very serious.

Benefits of the appeal

  • Appealing prevents the decision imposing the fine from becoming final.
  • During the appeal, a residence and work authorisation can be applied for to regularise the situation.

Requirements and deadlines

  1. One month from receipt of the penalty decision for the administrative appeal (recurso de alzada) or the appeal for reconsideration (recurso de reposición).
  2. Two months from receipt for judicial review before the Administrative Courts of the province where the decision was issued.
  3. Drafting the pleadings and providing the relevant evidence to rebut the decision.
  4. The administrative appeal can be filed in person or through an authorised professional; judicial review requires a qualified lawyer.

What the service includes

Initial study and advice throughout the process; drafting and filing of the administrative appeal and/or the judicial review before the courts; review of the previous and new documentation; representation before the police, the courts and the authorities; receipt of the reply, whether tacit or express, and attendance at the hearing. It does not include the cost of translations or other professionals, or obtaining foreign documents.

Fines

The amount of the fine is set by bracket according to the seriousness of the offence: minor, serious or very serious.

The competent body grades the fine on criteria of proportionality (the degree of culpability and the harm caused) and with particular regard to the offender's financial capacity. Fines can be appealed: the decision itself must state the type of appeal, the body it is filed with and the deadline, so keeping it is important in order to handle the appeal properly.

Let’s discuss your case.

Tell us where you are and what you want to achieve. We will start by understanding which route makes sense for you.

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