Protection against Inactivity
The Ministry of the Interior conducts the administrative procedure on a residence permit so that a decision can be issued within the statutory processing period. After the processing period for issuing a decision expires without result, applicants may submit a request for protection against inactivity1. The request is then decided by the superior authority — the Commission for Decision-making in Matters of the Residence of Foreigners.
The Commission may execute the following actions2:
- order the inactive administrative authority to take the necessary measures to remedy the situation or to issue a decision within a specified time limit,
- by resolution, take over the case and decide instead of the inactive administrative authority,
- by resolution, authorise another administrative authority within its administrative district to conduct the procedure, or
- by resolution, appropriately extend the statutory processing period for issuing a decision if it can reasonably be expected that the administrative authority will issue a decision within the extended period and if such a course is more advantageous for the participants, taking into account the time limits set out in the law3.
The request must clearly indicate what the applicants seek (it must state the specific manner in which the superior administrative authority should decide on protection against inactivity and what specific measures it should adopt). The superior administrative authority is then bound by the content of the request and decides on the subject of the procedure — that is, on what the applicants request. This does not preclude the superior authority from applying a different measure against inactivity ex officio, provided that it also decides on the applicants’ proposal.
1 § 80(3) of the Admnistrative Procedure Code.