In short: from 12 June 2026, an administrative review (recurso de reposición) in international protection proceedings does not interrupt the deadline to appeal to the courts. Decisions can be challenged directly in the administrative courts, within the deadlines of the European Regulations; if you wait for the review to be resolved and let that deadline pass without appealing, you lose your status as an applicant for international protection.
This card describes exclusively what is established by the Instruction of 11 June 2026 from the Under-Secretary of the Interior, BOE-A-2026-12856.
Why this changes: EU Regulations 2024/1348 and 2024/1351 set ranges of time limits for judicial appeals and provide that they run from notification of the administrative decision, in line with Article 47 of the EU Charter of Fundamental Rights (right to an effective remedy). In the Spanish system, the recurso de reposición was optional, the Ministry had one month to resolve it, and until it was expressly resolved or deemed rejected you could not go to court. The Ministry concludes that this is incompatible with the European deadlines: in accelerated and border procedures, the review could take up two thirds of the decision period, and in the border procedure also the time for judicial review.
Judicial deadlines (European Regulations, from notification of the decision):
- To appeal decisions on applications for international protection, art. 67.7 of Regulation 2024/1348 sets a range: 5 to 10 days, or 2 weeks to 1 month, depending on the case.
- To appeal a transfer to another Member State, Regulation 2024/1351 (art. 43.2) sets a range of one to three weeks.
- The specific deadlines are set by each Member State and appear in the appeal notice at the foot of each decision: that is where you find the deadline that applies to you.
These deadlines are not interrupted by filing a document labelled as an administrative review.
What this means for applicants:
- Direct access to courts: all decisions in international protection procedures (and in determining the responsible Member State) can be challenged directly in court; you can appeal without going through the review first.
- The judicial deadline runs from notification: not from when the administrative review is (or is not) resolved.
- If you file only an administrative review and do not appeal to court in time: the document does not stop the deadline running, and does not prevent the loss of your status as an applicant for international protection.
- Appeal notice: decisions will list as available remedies only the judicial ones set by the Regulations, with the deadline to file them. If you still file a document called a review, the Ministry will give it the legal classification that applies and process it accordingly.
- Reexamen: the Instruction leaves untouched the reexamen request of Law 12/2009 (art. 21) in the border procedure (only against the Director-General's decision issued within the 4 calendar days; see asylum procedures under the EU Pact).
Applications submitted before 12 June 2026: the Instruction applies from 12 June 2026, without prejudice to Article 79.3 of Regulation (EU) 2024/1348; it does not set out the specific arrangement for earlier applications.
Official source: Instruction of 11 June 2026, BOE-A-2026-12856. See also the procedural card: asilo-procedimientos-reglamentos-ue-2024.
Informational only; deadlines are critical — seek legal assistance immediately upon any international protection refusal. Check the official source and a professional for your specific case.
