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Second instance determination - Slovakia
Last updated on 29/06/2026

There are two appeals possible against a decision regarding international protection.

 

The first appeal is before the Administrative Court in Bratislava (Krajský súd v Bratislave) or the Administrative Court  in Košice (Krajský súd v Košiciach), which has jurisdiction over administrative actions in matters of asylum, detention and administrative expulsion. The courts of first instance analyse appeals lodged against international protection decisions taken by the Migration Office of the Ministry of the Interior of the Slovak Republic.

The appeal before one of the Administrative Courts has automatic suspensive effect in the regular asylum procedure (for other types of procedures, see Other appeals). The examination of the appeal before the administrative court is full and ex nunc, of both facts and legality aspects.

 

Against a decision of an administrative court, the parties to the proceedings (whether the claimant or the defendant administrative authority) are entitled to lodge a cassation complaint with the Supreme Administrative Court of the Slovak Republic if the administrative court rejected the appeal. There is no automatic suspensive effect for a cassation complaint, but the court may provide it at the request of the applicant. Cassation proceedings before the Supreme Administrative Court cover only aspects of law.

 

Administrative Courts and the Supreme Administrative Court are not specialised asylum courts. They are general courts which have sections or panels dedicated to cases regarding international protection.

 

The relevant legislation concerning the first appeal and cassation complaint in asylum cases for status determination is the Act No 69/2026 Coll. on International Protection and Act No 162/2015 of the Administrative Judicial Code.

 

In asylum law, a final decision means a decision:

  1. of the Ministry of the Interior of the Slovak Republic (the Migration Office) issued in international protection procedure and in a procedure of transfer to the responsible state, provided that an administrative action has not been submitted,
  2. of a court on an administrative action against a decision of the Ministry of the Interior (the Migration Office) issued in international protection procedure and in a procedure of transfer to the responsible state, provided that a cassation complaint has not been submitted or if a cassation complaint is not admissible,
  3. of a court on a cassation complaint against a court decision pursuant to point 2 above.