In administrative case no. eI3-6341-979/2022, the Vilnius Regional Administrative Court (VAAT) found that the Migration Department failed to fulfil its duty to examine the applicant's asylum application in a timely manner, and the reasons for the delay (the department's workload brought on by the unprecedented influx of migrants from Belarus, as well as the increased number of Ukrainian citizens, applying due to Russian military aggression) stated by the department could not justify the delay in the examination.

Due to the delay in examining the asylum application, the applicant claimed that the uncertainty regarding her legal situation limited her opportunities to pursue education, integrate, travel, create a family and social relations, live a full life, and, in addition, harming her psychological state. However, the VAAT did not grant the applicant's request for non-pecuniary damage compensation, and thus the applicant filed an appeal with the Supreme Administrative Court (LVAT) regarding the compensation. 

The LVAT partially satisfied the appeal and amended the VAAT's ruling to recognise that the applicant's right to receive a decision on her asylum application within the time outlined in law had been violated. However, the applicant's request for monetary compensation for non-pecuniary damage was denied. 

The LVAT observed in its judgement that the VATT had established the illegal actions, namely the unjustified delay in processing the asylum applicant by the Migration Department. The LVAT thus acknowledged a causal link between the department's illegal inactions and the applicant's non-pecuniary damage: the applicant endured stress, inconvenience, and uncertainty. However, in the court's opinion, although all of the requirements for civil culpability had been demonstrated in the case, the acknowledgement that the applicants’ rights had been violated was a sufficient form of compensation.