Suprema - Rol 182815-2023

Corte Suprema, Rol N° 182815-2023, Tercera Sala, confirmed sentence that rejected a protection resource against the National Migration Service for delay in the permanent residence application. The Court held that the new Migration Law 21.325 maintains the validity of the identity card and allows entry/exit with a pending certificate, dismissing violation. It orders the service to rule within a reasonable time.

I. IDENTIFICATION OF THE RULING

• Court: Supreme Court
• Case Roll: 182815-2023
• Type of Resource: Protection Resource
• Case Title: FERNANDEZ/NATIONAL MIGRATION SERVICE DEPENDENT ON THE MINISTRY OF THE INTERIOR AND PUBLIC SECURITY
• Date of the Ruling: 06/09/2023

II. PROCEDURAL HISTORY OF THE CASE

• Second Instance Court: Appealed sentence (the appellate court is not expressly identified in the text, but an Appellate Court is inferred as the seat of the protection resource in the first instance and being known on appeal by the CS). Only the expositive part of the appellate ruling is reproduced.
• Decision of Second Instance: The appealed sentence was confirmed by the Supreme Court, which implies that it rejected the protection action in the first instance.
• Contested Sentence: The sentence from the (first instance of the) Court of Appeals that rejected the protection resource.

III. THE RESOURCE BEFORE THE SUPREME COURT

• Appellant: Party filing the protection action (identified by the surname FERNANDEZ).
• Appellee: National Migration Service dependent on the Ministry of the Interior and Public Security.
• Grounds for the Resource: The action is based on the omission of the National Migration Service to rule on the p...