The Madrid court has rejected the application of a Mexican citizen who applied for Spanish citizenship by natural disaster, citing her Sephardic ancestry. The decision responded to appeals lodged by the administration and the public prosecutor’s office alleging that the applicant had not provided sufficient evidence nor its original Sephardic state of Spain nor the special connection with the country, both required by Law 12/2015. This arrangement was intended to facilitate the nationalization of the descendants of Jews expelled from the peninsula in the 15th century, but the Sephardic lineage must be proven by accurate documentary evidence and effective connection.
According to the chamber, the documents presented – documents from Jewish communities, genealogical reports, certificates of proficiency in the Ladin language, cooperations and donations – were not received the level of evidence required. The court based its decision on recent Supreme Court rulings, noting that the law requires more than simple surname matches, recent institutional affiliations or generic language tests.
Ms. Concepción (fictitious name) began her application before the General Directorate of Legal Certainty and Public Faith, presenting a series of evidence, including a certificate issued by the AC Sephardic Community of Mexico, confirmed by the Federation of Jewish Communities of Spain; the so-called “ketubah” which corresponds to this the marriage of his grandparentsgenealogical analysis of his surname and documentation of his Ladin knowledge as well as records of collaboration with Hispanic cultural associations.
At first instance, the judge considered that the elements provided corresponded to the requirements of the law: she assessed the plurality of documents and the accreditation of the language, as well as a particular context that she cited cultural collaborations and overcome Tests at the Cervantes Institute. Therefore, it ruled in favor of the plaintiff and ordered the state authority to carry out the necessary procedures to grant citizenship.
The procedural structure of the file reflected the chain that is usual in this type of legal dispute: after the positive judgment of the first instance, both the administration and the public prosecutor’s office filed an appeal. Their appeals relied on and highlighted the alleged lack of motivation and evidentiary rigor in the original judgment Need for independent reportingcomprehensive genealogical studies and evidence of an earlier, real and lasting connection with Spain. The appeal also took into account that several of the collaborations and donations accredited by the applicant occurred simultaneously with the start of the proceedings, which, in the official opinion, diluted the authenticity of the alleged connection.
Finally, the Appeals Chamber found that the law required this solid evidence and tangible backgroundnot later actions or justifications. The court emphasized the importance of the pre-existing “special connection” and the need for the documents to be substantiated and come from bodies with recognized competence. Based on this analysis, the revocation decision confirmed the applicant’s denial of citizenship.
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