2022 m. September 3 d.

Applications, complaints and other appeals of foreigners must be dealt with in accordance with the procedure for examining applications and complaints established by law

The Seimas Ombudsperson Erika Leonaitė has investigated an applicants’ complaint regarding the actions (inaction) of the officials of the State Border Guard Service under the Ministry of the Interior of the Republic of Lithuania (further on – SBGS) who failed to provide a response to his request regarding cancelation of the restriction on freedom of movement.

Having considered the circumstances indicated in the complaint and the competence of the SBGS established by legal acts, the Seimas Ombudsperson decided that it would be much more appropriate that first of all the Head of SBGS examined the complaint and submitted a reasoned answer to it.

By the decision of the Seimas Ombudsperson, during the mediation procedure, the Head of the SBGS was requested, among other things, to carefully examine the circumstances stated in the complaint, and to find out whether the applicant was given an answer to his request for the cancellation of the restriction on freedom of movement, as determined by the Rules for the Examination of Applications and Complaints and Service Provided to Individuals at Public Administration Entities (the institution responds in writing to a written request, taking into account its content).

The Head of the SBGS, responding to the appeal of the Seimas Ombudsperson Erika Leonaitė, informed, among other things, that the applicant’s request for his accommodation with the right to move freely in the territory of the Republic of Lithuania was resolved and he was informed of the decision made against him; however, the applicant was not given a written answer to his appeal.

Taking into account the above circumstances and aiming not to violate the rights of foreigners housed in the structural units of SBGS in the future, the Head of SBGS repeatedly drew the attention of the heads of foreigners’ registration centres of SBGS to the fact that complaints, requests and other appeals should be processed in accordance with the Law of the Republic of Lithuania on Public Administration and the resolution of the Government of the Republic of Lithuania “On the approval of the rules of procedure for handling requests and complaints of individuals in public administration entities”.

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