Court Order on a Request for the Expulsion of a Foreign National

Our client, a foreign national residing in the Marbella area, was affected by an administrative expulsion request processed by the Local Immigration Brigade, seeking his forced removal from national territory. When proceedings of this kind are not handled with the necessary speed and technical rigour, they can result in the expulsion being carried out before the affected person has any real opportunity to assert their rights or personal circumstances before the judicial authority.

Our intervention focused on ensuring that the expulsion request was not resolved automatically, requiring the Court of Preliminary Investigation to give the mandatory referral to the Public Prosecutor's Office so that it could report on whether the measure was appropriate before any decision was taken. This prior judicial review — far from being a mere formality — constitutes the essential safeguard that prevents an expulsion from being carried out without due procedural guarantees.

As of the date of the court order obtained, the proceedings were at this stage of prior prosecutorial report, meaning that any immediate expulsion action was halted and the final decision would be taken with all legal guarantees in place. We continue to represent our client's interests in the subsequent stages of the proceedings.