“Considering that, according to the principles set out in the aforementioned decision: — in the case of the submission of the first application, the declaration of inadmissibility due to lack of documentation is justified, as it prompts the foreign citizen to ‘provide his or her participatory contribution aimed at overcoming the objection, through the submission of a new application supplemented with the elements necessary to demonstrate to the administration the possession of the required qualifications.’”
— nonetheless, it cannot be considered acceptable that the submission of a new application should “always and automatically produce the same detrimental effect of being declared inadmissible”;
— in the present case, in which the foreign citizen resubmitted the application following a previous declaration of inadmissibility, the applicant must be allowed to assert his or her reasons during the administrative procedure, with the consequent obligation on the Administration to assess them;
— in any event, in order to guarantee the effectiveness of judicial protection, the decision of inadmissibility adopted by the Administration — as it is capable of halting the procedure for the second time — must be regarded as appealable, since it directly infringes upon the interests of the foreign citizen by preventing him or her from proving the fulfillment of the requirement relating to ten years’ residence.
Project funded by the European Union's Citizens,