The Asylum and Refuge Office (OAR) has implemented a new system through the electronic platform of the Ministry of the Interior, allowing applicants for international protection to submit withdrawal requests for appeals against denial resolutions in a swift, simple, and effective manner. You can access the designated form for submitting withdrawal requests for appeals in matters of international protection through the Ministry of the Interior’s electronic platform at the following link: Electronic Platform.
This advancement is detailed in the informational note recently published by the General Directorate of International Protection (in Spanish).
What is the withdrawal of appeals?
The withdrawal of appeals enables applicants who have contested a denial resolution of international protection to voluntarily withdraw their appeal. This procedure has now been streamlined through an online form that also allows for the automated download of the withdrawal resolution. It is important to note that this form is exclusively designed for managing withdrawal requests for appeals in matters of international protection. Other types of appeals or submissions are not accepted through this channel.
The implementation of this procedure aligns with the context of the new Immigration Regulation, which is set to take effect in May 2025. This regulation incorporates Transitional Provision 5, which grants asylum seekers with final denial resolutions access to certain options for regularization, provided they meet the established requirements.
Foreign nationals who, at the time of the regulation’s entry into force, find themselves in an irregular situation due to a final denial or dismissal resolution in their administrative or, where applicable, judicial request for international protection, and who meet the general and specific requirements established in Chapter I of Title VII, except for the permanence requirement, may apply for a residence permit on exceptional grounds for reasons of regularization, provided they have remained in Spanish territory in an irregular situation for at least six months immediately prior to submitting their application.
This application for residence based on regularization may be submitted within the twelve months following the regulation’s entry into force. The Council of Ministers may decide to extend the deadlines set forth in this transitional provision.
Transitional Provision 5: Residence permits on exceptional grounds for reasons of regularization
However, it is worth noting that in the coming weeks and months, additional instructions and informational notes are expected from the Secretary of State for Migration. These will clarify the interpretation criteria to be applied in various immigration procedures under the new regulation. At ARC Legal, we will keep you informed of all updates to ensure you stay up to date with the changes and how they may impact your processes.
If you are considering withdrawing an appeal, we recommend carefully evaluating your situation. While the system facilitates this procedure, it is crucial to understand the legal implications it may have on your immigration process or access to the provisions of the new regulation. At ARC Legal, we are committed to advising you on the best options for your case. If you need specific guidance, do not hesitate to contact us.