The Šiauliai Chambers of the Regional District Administrative Court refused to extend the missed deadline for filing an appeal based on Article 132, paragraph 4 of the Civil Code, which states that an appeal cannot be filed if more than three months have passed since the date of the court decision's announcement.

The applicant, O.M., filed an appeal before the Supreme Administrative Court of Lithuania (LVAT). He claimed that he missed the deadline for filing an appeal due to circumstances beyond his control. He was not told of the court's decision, and he was not guaranteed state legal aid at the time of the ruling. He only learned about the court ruling in February 2023, where he promptly asked for state-guaranteed legal aid and stated that he intended to challenge the verdict. He further stated that he is a vulnerable individual who does not speak Lithuanian and is unfamiliar with the legal system of Lithuania, and that the protection of his rights is dependent on the competent authorities, who did not inform him of the decision or ensure that he received state-guaranteed legal aid in a timely manner.

The LVAT upheld the appeal, noting that the applicant's ability to exercise the right to appeal is largely dependent on the actions of the Migration Department and the applicant's representative. The court considered that the applicant's entitlement to judicial protection began only once the applicant's lawyer realised that an appeal in the applicant's asylum case was required. The court also acknowledged that there was no evidence in the file that the court ruling was translated into a language that the applicant understood. As a result, the applicant's grounds for missing the deadline for submitting an appeal should be regarded as significant and independent of the applicant's will.