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Immigration

Administrative and court appeals in immigration matters

If you have been refused an authorisation, a renewal, a visa or nationality, or the authorities have not replied in time, you can appeal. In immigration matters most decisions end the administrative stage: you may file an optional appeal for reconsideration (recurso de reposición) or a judicial review claim (recurso contencioso-administrativo). We review the decision, calculate the deadlines and prepare the appeal.

By Aida Elias Soguero, ICAB member no. 44021 · Updated on 14 October 2026

In brief

Who it is for
People who have received a refusal in an immigration or nationality matter, or no reply from the authorities in time.
Deadline to appeal
Reconsideration appeal: one month. Judicial review: two months. Both run from notification of the express decision; if there is none, those deadlines do not apply until one is issued.
Where it is handled
The reconsideration appeal, before the same body that decided. Judicial review, before the competent court depending on that body.
Fees
We quote them in the first consultation (€40), with the option to pay in instalments.

When you can appeal

  • Against the grant or refusal of visas, extensions of stay and residence and work authorisations, which end the administrative stage.
  • Against a lack of reply: once the deadline passes, the application is deemed refused, except renewals, extensions and long-term residence, which are deemed granted.
  • The reconsideration appeal is optional: you may go straight to judicial review.
  • If you file a reconsideration appeal, you must wait for the decision, or for one month without a reply, before going to court.
  • Refusal of entry and return (devolución) decisions do not end the administrative stage: they are challenged by hierarchical appeal (recurso de alzada) within one month.
  • Appealing does not suspend the decision: suspension or interim measures must be requested expressly.
  • In the courts, immigration cases follow the abridged procedure and require a lawyer.

How we help you

  1. We analyse the decision

    We review the grounds for refusal, the file and the notification date to establish the exact deadline.

  2. We choose the route

    We assess with you whether a reconsideration appeal, judicial review or a fresh application is advisable, and whether interim measures should be sought.

  3. We draft and file

    We prepare the appeal with the necessary evidence and file it with the authorities or the court.

  4. Follow-up

    We represent you throughout the proceedings and at any hearing, and inform you of the decision and the next steps.

Frequently asked questions

What can I do if I get no reply?

Once the deadline passes, the application is deemed refused, except renewals, extensions and long-term residence, which are deemed granted. Against a refusal by silence you can file a reconsideration appeal at any time; for judicial review the law refers to six months, but the Constitutional Court has held that this period does not apply to refusal by silence.

Can I ask for the decision to be suspended while I appeal?

Yes. At the administrative stage you can request suspension, which is deemed granted if not decided within a month. Before the court you can seek interim measures and, in cases of special urgency, ask the judge to decide within two days without first hearing the authorities.

Which court hears the appeal?

Decisions of the Immigration Office and the Government Delegation or Sub-delegation go to the Administrative Courts (Juzgados de lo Contencioso-administrativo) where that body is based (in Barcelona, those of Barcelona). Nationality refusals go to the National High Court (Audiencia Nacional).

Legislation

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