We are proud that the cases represented by ReLex feature prominently in the 2025 case law review of the Supreme Administrative Court of Lithuania, contributing significantly to the development of judicial practice in asylum, migration, and foreigners’ legal status matters. These decisions underscore ReLex’s strong role in advancing the protection of fundamental human rights, including the right to family life, the best interests of the child, access to asylum procedures, protection from unlawful pushbacks, and safeguards against disproportionate state interference.
When deciding on expulsion and entry bans, authorities must individually assess changed family circumstances and the best interests of the child
The Supreme Administrative Court of Lithuania recognized as unfounded the Migration Department’s refusal to revoke a decision on the applicant’s expulsion and entry ban to Lithuania. The Court found that, following substantial changes in the applicant’s family situation — namely, the birth of a child who is a citizen of the Republic of Lithuania and the creation of a family with a Lithuanian citizen — the authority was obliged to conduct an individual and comprehensive assessment of family ties and the best interests of the child.
Although the duration of the entry ban had been shortened, the decision failed to properly assess the consequences of family separation and the principle of proportionality. The Court emphasized that decisions concerning return and entry bans must be guided by the principle of the best interests of the child and must take into account the requirements of European Union law and the case law of the European Court of Human Rights.
Ruling of 6 August 2025 in administrative case No. eA-2352-520/2025.
Restrictive measures must comply with the principles of proportionality and family protection
The Supreme Administrative Court of Lithuania annulled a decision of the Migration Department revoking a temporary residence permit of a citizen of the Russian Federation because she had travelled to Russia more than once within a three-month period.
The Court stressed that the statutory exception applicable in cases of travel for objective reasons cannot be interpreted or applied formally. A decision refusing to recognize such reasons as objective must be based on a thorough, individualized, and reasoned assessment.
In the present case, the Migration Department limited itself to general conclusions and failed to assess the specific circumstances indicated by the applicant, the protection of family life, the interests of the minor child, and the potentially disproportionate consequences. The Court emphasized that restrictive measures must comply with the principle of proportionality and ensure protection against family separation while safeguarding the priority of the child’s best interests.
Judgment of 10 December 2025 in administrative case No. eA-2694-525/2025.
An applicant for international protection has the right to work during Dublin transfer proceedings
The Supreme Administrative Court of Lithuania held that an applicant for international protection who is subject to a decision to transfer them to another European Union Member State under the Dublin Regulation retains asylum seeker status and the related reception conditions, including access to the labor market.
The Court emphasized that a transfer decision is not a final decision on the merits of the application for international protection and therefore does not automatically terminate the right to work. If no final decision on international protection has been adopted within six months from the submission of the asylum application, and the delay is not attributable to the applicant’s conduct, the person acquires the right to work.
Accordingly, the Court annulled the Migration Department’s refusal to issue a foreigner registration certificate granting the right to work.
Ruling of 29 December 2025 in administrative case No. eA-2817-442/2025.
Court found a violation of the right to apply for international protection due to unlawful pushback to Belarus
The Supreme Administrative Court of Lithuania held that on 23 October 2023 officers of the State Border Guard Service acted unlawfully by forcibly pushing the applicant back to Belarus and failing to provide a genuine opportunity to submit an asylum application.
The Court recognized that the applicant had clearly expressed the intention to seek international protection, yet this right was not ensured. Referring to the case law of the Court of Justice of the European Union prohibiting summary pushback practices, the Court found a violation of the applicant’s right to lodge an application for international protection.
Ruling of 30 December 2025 in administrative case No. eA-820-552/2025.
The Supreme Administrative Court of Lithuania ensures uniform administrative court practice in the interpretation and application of laws and other legal acts. The legal interpretations contained in its judgments and rulings are taken into account by public authorities, courts, and other persons applying the same legislation.
In developing and ensuring consistent interpretation and application of law in administrative courts, the Court analyzes the practice of national, European Union, and international courts, prepares summaries and reviews of case law, and publicly disseminates information about its activities.
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