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Second instance determination - Luxembourg
Last updated on 20/11/2024

There are two appeals possible against an administrative decision concerning international protection adopted by the Minister responsible for asylum.

 

Before going to the court, a person who disagrees with an administrative decision may lodge an internal or non-contentious appeal (recours gracieux) to the administration. This appeal is not subject to any particular form and does not need to be submitted by a lawyer. However, this recours gracieux does not interrupt the time limit to appeal before the tribunal.

 

The first judicial appeal against a negative decision on a request for international protection may be lodged before the Administrative Tribunal (Tribunal administratif) (Article 35 Law of 18 December 2015 on International and Temporary Protection). The applicant must challenge the decision to refuse international protection and the order to leave the territory within the same action, under sanction of inadmissibility of the appeal. The appeal to the Administrative Tribunal must be made by a lawyer. The time limit for the appeal and the appeal lodged within the time limit have an automatic suspensive effect, with certain exceptions described under Other appeals. The scope of the examination before the Administrative Tribunal is an ex nunc examination of the merits and legality aspects.

 

A second appeal may be lodged with the Administrative Court (Cour administrative), which has the competence to hear appeals against all judgments of the Administrative Tribunal, with some exceptions in international protection cases. The appeal before the Administrative Court has an automatic suspensive effect. The Administrative Court has the competence to hear the case again in its entirety, so it reviews judgments in law and in fact. It can either confirm the decision given by the tribunal or overturn it (i.e. annul or reform) in whole or in part. In the latter case, it will decide again on the merits. The judgments of the Administrative Court are final and cannot be appealed.

 

An appeal in cassation, as in criminal and civil matters, is not admissible against the judgments of the Administrative Court.

 

The refusal to grant international protection and the exhaustion of appeals mark the end of the application procedure for international protection. Applicants are invited to return to their country of origin within 30 days from the day the refusal is final.