The Contentious-Administrative Chamber of the Superior Court of Justice of Madrid (TSJM) has recognized the right of a Moroccan woman to reunite with her husband, a resident of Arrecife, to whom the Consul General of Spain in Agadir denied the residence visa for family reunification, considering it a "marriage of convenience."
"The conclusion reached by the diplomatic delegation cannot be shared. This is because, without carrying out any additional investigation or verification, the defendant opts for the fraudulent nature of the marriage based on the assessment she makes of the interview conducted," the chamber points out in a ruling dated July 29, in which it notes that "without prejudice to the cultural singularities that are to be appreciated, no substantial element allows us to infer that it is a arranged marriage."
The husband appealed to the Justice after the Consul General of Spain in Agadir dismissed an appeal against a resolution by which in March 2018 the residence visa for family reunification under the general regime was denied. And it is that, by virtue of the interview that was carried out with the woman, the diplomatic delegation considered that it was "a fraudulent marriage because, in the first place, they did not know each other before."
The arguments of the Consul in Agadir refuted by the TSJM
"It is a marriage of convenience, arranged by the parents, whose marriage certificate is signed on the same day as the marriage proposal. There are serious doubts about consent," concluded the Consul General of Spain in Agadir, who also stated that "there has been no relationship." And it is that, she maintained that they had been "together two days before" the husband left for Spain" and that "he has not seen her again since November 2016."
In addition, "she does not live with her in-laws, as is local custom," she added in the resolution denying the visa, in which she also referred to the "insufficient contribution to family support," pointing to the existence of "irregular remittances that began in 2018 around 180 euros." Likewise, she pointed out that "the dowry was also scarce, 5,000 dirhams, for the customs."
"It is true that in the record the applicant admits that it was a kind of marriage agreed between the respective families on 11/6/16 and that the wedding was held on 11/23/16, resulting in the contracting parties only being in contact (and have not seen each other again) since 11/26/16. However, this would be due to the labor obligations of the actor, being that the applicant offers specific data about the work and salary of the spouse as well as his tastes and the place where he has his residence (Arrecife)," says however the Contentious-Administrative Chamber of the Superior Court of Justice of Madrid.
In addition, it points out that the applicant "states that she has lived with her husband's family (the opposite is not proven by the foreign Administration) and it can be concluded that the dowry (of 5,000 dirhams) conforms to the usual amounts," adds the court, which admits the appeal filed by the husband, annulling the resolution of the Consul General of Spain in Agadir, considering that it is "contrary to law". Likewise, it declares the right of the applicant to obtain the requested family reunification visa.
