The High Court of Appeals in Andalusia has upheld a ruling from September 4, 2024, declaring the invalidity of extraditing an Algerian citizen to Moroccan authorities after he attempted to reach Ceuta by swimming. The court rejected an appeal filed by the Public Prosecutor's Office on behalf of the State Administration against the decision of Administrative Court No. 2 in Ceuta. It also ordered the appellant to cover legal costs, capped at 300 euros. According to the Spanish news agency Europa Press, the ruling grants the migrant the right to return to Spain to receive legal assistance and a translator to apply for international protection. If denied, an administrative process must be initiated for his return. A coalition of associations, including Servicio Jesuita a Migrantes, hailed the decision as a «significant judgment» regarding border rejection practices, commonly known as «express deportation». They highlighted that the Spanish government had been applying this practice in Ceuta and Melilla beyond the designated border areas, including the sea and surrounding islands—a policy previously challenged in Ceuta's courts. The ruling confirms that «exceptional rejection» is only permissible at the border fence, while other areas require standard deportation procedures. The associations also pointed out that several similar cases are still pending in Ceuta's courts and called for an end to this unlawful practice, urging authorities to uphold the legal rights of foreign nationals.
