What are the rules for staying in Lithuania during the court proceedings?
When appealing a negative asylum decision, you have the right to stay in the territory of Lithuania until the final decision is made. A decision of the Migration Department is considered to be final if it has not been appealed or when the Administrative Court has dismissed the appeal against it.
There are some exceptions where the court will have to already decide on your right to remain in Lithuania during the first instance proceedings. These exceptions are limited to the following cases:
- your application is considered manifestly unfounded (e.g., you have knowingly provided incorrect information or falsified documents)
- your application is considered inadmissible
- your application is considered withdrawn (you have left Lithuania or have not shown up for procedural acts)
- another Member State is responsible for reviewing your application in accordance with the Dublin Regulation