Processing time
The Immigration Appeals Board emphasizes thoroughness in its work and ensures that cases appealed to the board are adequately investigated before a decision is made. The board is also aware of the difficulties that long waiting times and uncertainty can cause.
Immediately after receiving an appeal, the board requests documents from the Directorate of Immigration/police and from the appellant. The decision of the Directorate of Immigration/police, the appellant’s statement, a transcript of the interview with the appellant at the Directorate of Immigration/the police record, and other documents on which the decision was based are among the first documents the board examines.
The board can invite applicants for international protection to appear before the board to present their case.
When investigating cases concerning applications for international protection, the board reviews reports from international organizations, human rights groups, and NGOs involved in refugee issues. The board also relies on research from other countries and organizations regarding the situation in the applicants’ country of origin, as well as precedents from the European Court of Human Rights and the Court of Justice of the European Union. Precedents and other documents can also be considered for other types of appeals at the board. Sometimes, the appellant submits further documents while the appeal is being processed, which the board must then review. This investigation and evidence collection can take considerable time, leading to delays in case resolution. The volume of cases awaiting processing can also cause further delays.
Note: Due to the significant increase in appeals over the past months, the expected processing time has lengthened considerably. Every effort is being made to reduce it in line with the objectives of the Foreign Nationals Act.
It should also be noted that with Regulation No. 746/2024, which came into effect on June 25, 2024, amendments were made to Article 43 of the Regulation on Foreign Nationals concerning the prioritization of processing applications for international protection. According to these changes, authorities should prioritize processing applications with regard to the statutory deadlines in paragraph 2 of Article 74 of the Foreign Nationals Act so that cases nearing the deadline of the provision receive priority. This means that the processing of applications that have already met or exceeded the 16 and/or 18-month deadlines in paragraph 2 of Article 74 of the Foreign Nationals Act, without a final decision, can be significantly extended since priority must be given to processing applications that have not yet reached these deadlines.
If it is foreseeable that the processing of a case will be significantly delayed, the Appeals Board will attempt to inform the applicant of the delay, explain its reasons, and provide information on when a decision can be expected.