Participants in proceedings on applications for residency
Participants in administrative proceedings are generally defined in Sections 27 and 28 of the Administrative Procedure Code and these are:
- in proceedings on an application, the applicant and other affected persons which the decision of the administrative authority must affect, due to their collective rights or obligations with the applicant,
- persons in the proceedings affected ex officio, whose right or obligation will be established, changed or cancelled or declared by the decision, about whom the decision will declare that they do not have a right or obligation,
- persons whose rights or obligations may be directly affected by the decision of the administrative authority,
- persons about which a special law stipulates this fact,
- in a case of doubt, a person who claims to be a party to proceedings unless proven otherwise.
The nature of the proceedings on an application for residence permit dictates that the foreign national applying for residence permit must always be party to these proceedings.
Those who should be considered party to the proceedings on an application for permanent residence permit must be examined according to the individual circumstances of the case.
If, in the course of proceedings on an application for residence permit, a person appears who must, without a doubt, be considered party to the proceedings, the MOI CR will treat this person as a party to the proceedings. This means that this person has the rights of a party to the proceedings – the right to search in the background materials for issuing a decision, right to receive a written copy of the decision etc. If, however, a person who claims the status of party to the proceedings (e.g. is identified as party to the proceedings in an application for permanent residence), but does not, in the opinion of the MOI CR, have the status of party to the proceedings, the MOI CR will issue a resolution that this person is not party to the proceedings under Section 28(1) of the Administrative Procedure Code. Until this resolution is issued, the MOI CR will treat such a person as party to the proceedings according to Section 28(1) of the Administrative Procedure Code.