The Legal Effect of Decisions and Appeals
Applicants can appeal against a decision to reject their application within a time limit of 15 days from the day they received the decision. If you file an appeal, the decision to reject your application will come into effect only on the day that the decision of the Commission for decision-making in matters related to the residence of foreigners to reject or to change the appeal has been served. The Commission’s decision cannot be appealed.
If you do not file an appeal, the decision to reject your application will come into effect on the day following the last day of the 15-day time limit for filing an appeal. If you renounce the right to appeal, the decision comes into effect on the day you renounce this right.
You can also appeal against the decision to close the proceedings.
You must appeal in writing and address it to the office that issued the contested decision, or via data box. If you decide to send the appeal by post, the day of posting is important for complying with the given time limit. If you post the appeal at a post licence holder (Česká pošta) on the last day of the time limit, the time limit for filing an appeal will be complied with.
The appeal must contain information about:
- against which decision it is directed,
- to what extent the appeal contests the decision,
- where there is a conflict with the law or where the decision or the proceedings that had preceded it were incorrect.
If it is not specified in the appeal to what extent the appellant contests the decision, it is understood that the appellant is seeking the revocation of the entire decision.
If the Commission concludes that the contested decision is in conflict with the law or it is incorrect:
- it will revoke the contested decision or part thereof and close the proceedings,
- it will revoke the contested decision or part thereof and refer the matter back to the administrative authority that had issued the decision for a new assessment,
- it will change the contested decision or part thereof.
If the Commission does not find reasons to proceed in any of the above mentioned ways, it will reject the appeal and confirm the contested decision. If it changes or revokes only part of the decision, the rest of the decision will be confirmed.
The Commission will reject any late or inadmissible appeals. If the decision has already come into force, the Commission then examines whether the requirements for a revision of the decision under a reconsideration procedure or for re-opening of the proceedings are met. If the Commission finds reasons to initiate a reconsideration procedure, to re-open the proceedings or to issue a new decision, late and inadmissible appeals will be considered as grounds for a reconsideration procedure or as applications for re-opening of the proceedings or as applications for a new decision.