Appeal
Applicants may submit an appeal against a decision not to grant the application within 15 days of its service. If you submit an appeal, the decision not to grant the application becomes final only on the day the decision of the Commission for Decision-Making in Matters of the Residence of Foreign Nationals dismissing the appeal or amending the contested decision is served. No further appeal lies against the Commission’s decision.
If you do not submit an appeal, the decision not to grant the application becomes final on the day following the last day of the 15-day period for submitting an appeal. If you waive the right to appeal, the decision becomes final on the day you waive this right.
You may also submit an appeal against a resolution on the discontinuance of the administrative procedure.
Submit appeals in writing to the office that issued the contested decision, or via the Data Box. If you decide to submit an appeal by post, the decisive moment is the date of posting. If you submit the appeal to the licensed postal operator (Czech Post) on the last day of the period, the period for submitting the appeal is deemed to have been met.
The appeal must state:
- which decision it is directed against,
- the extent to which it is contested,
- in what the conflict with the law or the incorrectness of the decision, or of the administrative procedure that preceded it, is seen1.
If the extent of the appeal is not specified, it is deemed that the appellant seeks to set aside the entire decision.
If the Commission concludes that the contested decision is unlawful or incorrect, it will:
- set aside the contested decision or part of it and discontinue the administrative procedure; or
- set aside the contested decision or part of it and return the case to the administrative authority that issued the decision for a new examination; or
- amend the contested decision or part of it.
If the Commission finds no grounds for any of the above steps, it dismisses the appeal and upholds the contested decision. If it amends or sets aside the decision only in part, it upholds the remainder.
The Commission dismisses late or inadmissible appeals. If the decision has already become final, the Commission then examines whether the conditions are met for a review procedure or for reopening the administrative procedure. If the Commission finds grounds to initiate a review procedure, to reopen the procedure, or to issue a new decision, late or inadmissible appeals are treated as motions for review, applications for reopening, or applications for a new decision, respectively.