What options do you have if your asylum application has been rejected by the Migration Department?
If the Migration Department refuses to grant you international protection, you have two options – either to appeal the decision or leave Lithuania.
Precept to leave
A negative asylum decision is normally issued together with a precept to leave (expulsion order). The precept to leave cannot be enforced until the asylum decision is final. The decision is considered final if it has not been appealed or when the Administrative Court has dismissed an appeal against it.
The precept to leave can include a deadline for voluntary compliance with the obligation to leave, or it can be immediately enforceable after the asylum decision has entered into force. The deadline for voluntary compliance is not set, for example, if the Migration Department considers that there is a risk of escape, or the asylum-seeker has submitted false information or falsified documents in asylum proceedings.
Entry ban
According to the Law on the Legal Status of Aliens, a regular precept to leave includes an entry ban for five years, unless the Migration Department considers it disproportionate.
Consideration must be given in each individual case on whether to impose an entry ban and whether the entry ban’s duration is proportional. These decisions need to include reasoned justification from the Migration Department.
Voluntary return
If you wish to voluntarily return to your home country, you must coordinate your departure with the Migration Department. For support and assistance, you have the option of contacting the International Organization for Migration (IOM) office in Lithuania. The IOM’s Voluntary Assisted Return and Reintegration programme offers information and counselling regarding return, help with organising travel and purchasing travel tickets, and also possible reintegration support in your home country.
Appeal
If you do not wish to leave voluntarily, you have the chance to file an appeal to the Administrative Court against the decision of the Migration Department. You have the right to stay in Lithuania until the Administrative Court makes a decision. Subsequently, you need to apply for the court’s permission if you wish to stay in Lithuania until the end of the court proceedings in all court instances. Read more about the appeal procedure.
Expulsion
If your appeal is unsuccessful and you no longer have a legal ground to stay in Lithuania, your precept to leave may be enforced, using detention and expulsion. In this case, you will not be detained as an asylum-seeker, but as an irregular migrant, as your status changes after the Migration Department’s decision becomes final. Read more about detention in the immigration context.