1. Subject Matter of the Case
The dispute concerns the legality and validity of decisions made by the Migration Department of Lithuania, specifically:
The termination of the applicants’ requests for the restoration of Lithuanian citizenship (decisions issued on October 10, 2023),
And the April 12, 2024 response rejecting the applicants' complaint regarding that termination.
The Migration Department argued that the applicants failed to provide requested information within one year, justifying the termination under Article 37(4)(4) of the Citizenship Law. The applicants contested the decision, claiming unequal treatment compared to their relatives and failure to fully assess their evidence, which was identical to that used in successful applications by those relatives.
2. Court's Reasoning and Interpretation
The appellate court found that:
The first-instance court did not sufficiently investigate or evaluate all relevant facts, nor did it request necessary documents from the Migration Department.
The court failed to examine whether the authority lawfully requested additional documents or if it had valid grounds to terminate the process when those were not provided.
The applicants presented a consistent argument that they and their relatives had submitted identical documentation, yet received different outcomes. This raised concerns about unequal treatment.
According to administrative procedure, courts must act proactively to ensure all relevant facts are revealed and properly assessed, especially where possible procedural inequality is claimed.
The appellate court is limited in scope and cannot correct all deficiencies in the first-instance proceedings without violating the applicants' right to appeal based on a fully developed lower court decision.
3. Outcome of the Case
The applicants' appeal was partially upheld.
The first-instance court decision was annulled.
The case was returned to the first-instance court for a new hearing, to properly assess all relevant facts and evidence.
