REPUBLIC OF LITHUANIA
LAW
AMENDING ARTICLES 2, 3, 5, 26, 32, 40, 50, 67, 71, 76, 77, 79, 113, 125, 126, 1301, 136, 138, 139 AND 140 OF LAW NO IX-2206 ON THE LEGAL STATUS OF FOREIGNERS, REPEALING ARTICLE 69 AND CHAPTER IX1 AND SUPPLEMENTING THE LAW WITH CHAPTER X2
23 December 2021 No XIV-816
Vilnius
Article 1. Amendment to Article 2
1. Article 2(151) shall be amended as follows:
‘151. Material reception conditions means the provision of housing, food and clothing to foreigners in the Republic of Lithuania and/or the granting of social benefits for these purposes, as well as a cash allowance in the cases specified in this Law.’
2. Article 2(171) shall be amended as follows:
‘171. Refugee Reception Centre means a budgetary institution providing services that ensure social, accommodation and other reception conditions to asylum applicants, foreigners who have been granted asylum in the Republic of Lithuania, unaccompanied minor foreigners, foreigners being present or former victims of crimes related to trafficking in human beings, foreigners who have been resettled/relocated to the territory of the Republic of Lithuania by a decision of the Government of the Republic of Lithuania. The rights and obligations of the owner of the Refugee Reception Centre shall be exercised by the Ministry of Social Security and Labour of the Republic of Lithuania.’
Article 2. Amendment to Article 3
Article 3 shall be supplemented with paragraph 5 as follows:
‘5. Foreigners illegally staying in the Republic of Lithuania who are not asylum applicants shall have the following rights:
1) to be provided, free of charge, in a language that they understand with information about their legal status in the Republic of Lithuania;
2) to have access to state-guaranteed legal aid in accordance with the procedure established by the Minister of the Interior during the court hearing of a motion to detain a foreigner or to provide to him an alternative to detention;
4) to study, in the case of minor foreigners, under pre-primary and general education programmes in accordance with the procedure established by the Minister of Education, Science and Sport. The right to study under a pre-primary and general education programme(s) shall be ensured not later than within three months from the establishment of the presence of minor foreigners in the Republic of Lithuania;
5) to have access to material reception conditions other than the right to receive a cash allowance and, for vulnerable persons, also the right to avail of reception conditions meeting their special needs. This provision shall apply to foreigners detained or accommodated in the facilities designated by institutions of the Republic of Lithuania;
6) to receive a food allowance in the amount of 60 per cent of state-supported income in the event that no catering service is provided, in accordance with the procedure established by the Minister of Social Security and Labour, for as long as they reside at the Refugee Reception Centre;
Article 3. Amendment to Article 5
1. Article 5(2) shall be amended as follows:
‘2. The presence of foreigners in the transit zones of international airports of the Republic of Lithuania (hereinafter: ‘transit zones’) shall not be considered as entry into the territory of the Republic of Lithuania. The presence of foreigners who have lodged an application for asylum at border crossing points, in transit zones or shortly after the illegal crossing of the state border of the Republic of Lithuania in the temporary accommodation facilities referred to in paragraph 6 of this Article shall not be considered as entry into the territory of the Republic of Lithuania pending a decision to admit an asylum applicant into the Republic of Lithuania.’
2. Article 5(6) shall be amended as follows:
‘6. Asylum applicants who have lodged applications for asylum at border crossing points, in transit zones or shortly after the illegal crossing of the state border of the Republic of Lithuania shall, pending a decision to admit them into the Republic of Lithuania, be temporarily accommodated by the State Border Guard Service at the border crossing points, in the transit zones or at the State Border Guard Service.’
3. Article 5(8) shall be amended as follows:
‘8. If no final decision has been taken within 28 days from the lodging of an application for asylum by an asylum applicant temporarily accommodated in the temporary accommodation facilities referred to in paragraph 6 of this Article, the Migration Department shall take a decision to admit such an asylum applicant into the Republic of Lithuania.’
4. Article 5(9) shall be amended as follows:
‘9. Where, pursuant to paragraph 3 or 8 of this Article, a decision is taken to admit an asylum applicant into the Republic of Lithuania and at least one ground for the foreigner’s detention as referred to in Article 113(4) of this Law exists, the State Border Guard Service shall apply to a court for the detention of the foreigner or provision of an alternative to detention.’
Article 4. Amendment to Article 26
Article 26(2) shall be amended as follows:
‘2. The conditions set out in points 2 to 5 of paragraph 1 of this Article shall not apply to a foreigner for whom a representative has been appointed in accordance with the procedure laid down by legal acts of the Republic of Lithuania, also a foreigner who is unable to leave the Republic of Lithuania or is unable to return to his country of origin due to the circumstances referred to in Article 1301 of this Law, a foreigner who is allowed to remain in the Republic of Lithuania for residence because he is or was a victim of trafficking in human beings or illegal employment and cooperates with a pre-trial investigation body or a court in combating trafficking in human beings or crimes related to trafficking in human beings or illegal employment, in the cases of particularly exploitative employment conditions or the employment of a minor or in the interests of national security, as well as to a foreigner who, according to the Law of the Republic of Lithuania on Citizenship, has the right to reinstate citizenship of the Republic of Lithuania or is of Lithuanian descent.’
Article 5. Amendment to Article 32
1. Article 32(1) shall be amended as follows:
‘1. Unaccompanied minor foreigners, regardless of the legitimacy of their stay in the territory of the Republic of Lithuania, must immediately be appointed a representative in accordance with the procedure laid down by legal acts of the Republic of Lithuania for the duration of their stay in the Republic of Lithuania. When appointing a representative for an unaccompanied minor foreigner who has entered the Republic of Lithuania unaccompanied by parents or other legal representatives, a court shall not be requested to grant permission to take the child away from his legal representatives. A minor foreigner who, after he has entered the Republic of Lithuania, is left unaccompanied by parents or other legal representatives, shall be appointed a representative on the grounds and in accordance with the procedure laid down by legal acts of the Republic of Lithuania. Where a legal person is appointed as a representative, it shall designate a person responsible for performing the duties of a representative in respect of the unaccompanied minor foreigner.’
2. Article 32(2)(2) shall be amended as follows:
‘2) to study under a pre-school, pre-primary, general education or vocational training programme(s) in accordance with the procedure established by the Minister of Education, Science and Sport. The right to study under a pre-school, pre-primary, general education or vocational training programme(s) shall be ensured not later than within three months from the establishment of the presence of an unaccompanied minor foreigner in the Republic of Lithuania;’.
3. Article 32(2)(3) shall be amended as follows:
‘3) to receive free (state-guaranteed) health care referred to in the Law of the Republic of Lithuania on the Health System;’.
Article 6. Amendment to Article 40
Article 40(1)(8) shall be amended as follows:
‘8) an unaccompanied minor foreigner is not returned to a foreign state, a foreigner is unable to leave the Republic of Lithuania or is unable to return to his country of origin due to the circumstances referred to in Article 1301 of this Law, or a foreigner cannot be returned to a foreign state or expelled from the Republic of Lithuania in the cases referred to in Article 130(1), (2) and (4) of this Law or the enforcement of the foreigner’s expulsion from the Republic of Lithuania is suspended because of the circumstances referred to in Article 132(1) of this Law;’.
Article 7. Amendment to Article 50
Article 50(1)(11) shall be amended as follows:
11) the reasons because of which the foreigner has not been returned to a foreign state, expelled from the Republic of Lithuania, or the reasons or circumstances referred to in Article 1301 of this Law, where the temporary residence permit has been issued to him on the ground laid down in Article 40(1)(8), no longer prevail;’.
Article 10. Amendment to Article 71
1. Article 71(1)(7) shall be amended as follows:
‘7) to receive free basic medical aid, psychological assistance and social services at the State Border Guard Service, the Refugee Reception Centre or any other accommodation facility, as well as other state-guaranteed (free) health care referred to in the Law on the Health System;’.
3. Article 71 shall be supplemented with paragraph 21 as follows:
‘21. Asylum applicants temporarily residing at the Refugee Reception Centre shall have the right to receive a food allowance in the amount of 60 per cent of state-supported income, in the event that no catering service is provided, in accordance with the procedure established by the Minister of Social Security and Labour.’
4. Article 71(3) shall be amended as follows:
‘3. Asylum applicants residing in accommodation facilities or detention facilities designated by institutions of the Republic of Lithuania, with the exception of asylum applicants subject to a decision of the Migration Department to admit into the Republic of Lithuania and where such a decision has not yet been taken, shall be paid a monthly cash allowance in the amount of 10 per cent of state-supported income in accordance with the procedure established by the Minister of Social Security and Labour and the Minister of the Interior. This allowance shall be paid from the lodging of an application for a cash allowance in accordance with the procedure established by the Minister of Social Security and Labour and the Minister of the Interior.’
Article 11. Amendment to Article 76
1. Article 76(5) shall be amended as follows:
‘5. The Migration Department shall inform an asylum applicant about the examination of an application for asylum as to substance not later than within two days from the lodging of the application for asylum, shall inform the asylum applicant about the examination of the application for asylum as to substance as a matter of urgency not later than within two days from the establishment of the grounds referred to in paragraph 4 of this Article or, where these grounds no longer prevail and the examination as to substance as a matter of urgency no longer applies, within two days after the grounds referred to in paragraph 4 of this Article cease to prevail.’
Article 12. Amendment to Article 77
Article 77(3) shall be amended as follows:
‘3. Paragraph 1 of this Article shall not apply to vulnerable persons.’
Article 13. Amendment to Article 79
1. Article 79(1) shall be amended as follows:
‘1. The Migration Department shall take a decision on the accommodation of an asylum applicant, except in cases when the asylum applicant has been detained or an alternative to detention has been provided to him in accordance with the procedure laid down in laws of the Republic of Lithuania.’
2. Article 79(4) shall be amended as follows:
‘4. An unaccompanied minor asylum applicant shall be placed with his adult relatives, with a representative or at the Refugee Reception Centre in accordance with the procedure established by the Minister of the Interior and the Minister of Social Security and Labour, unless his representative objects thereto. When deciding on the accommodation of an unaccompanied minor, the views of the minor shall be taken into account in accordance with the minor’s age and degree of maturity.’
Article 15. Amendment to Article 125
Article 125(1) shall be supplemented with point 8 as follows:
‘8) he is a foreigner referred to in Article 5(6), Article 1408(1) or (3) of this Law and requests to allow voluntarily return to the foreign state and cooperates with the competent authorities on the issue of return to the foreign state.’
Article 16. Amendment to Article 126
Article 126(1) shall be supplemented with point 21 as follows:
‘21) he is a foreigner referred to in Article 5(6), Article 1408(1) or (3) of this Law and there are no grounds, as laid down in Article 125 of this Law, for imposing upon the foreigner the obligation to leave the Republic of Lithuania, or a decision to return him to a foreign state is taken;’.
Article 17. Amendment to Article 1301
Article 1301 shall be amended as follows:
‘Article 1301. Issue of a temporary residence permit to a foreigner who is unable to leave the Republic of Lithuania for humanitarian reasons or is unable to return to his country of origin
Where a foreigner is unable to leave the Republic of Lithuania for humanitarian reasons or where a foreigner is unable to return to his country of origin due to persecution by a non-democratic regime and/or due to the fact that he has suffered or is at risk of suffering from repressions perpetrated by such a regime and the Ministry of Foreign Affairs of the Republic of Lithuania submits a request with regard to this foreigner, he shall, on the ground laid down in Article 40(1)(8) of this Law, be issued a temporary residence permit valid for a period not exceeding one year, during the period of validity whereof the foreigner shall have the right to take up employment.’
Article 19. Amendment to Article 136
Article 136 shall be amended as follows:
‘Article 136. Right to appeal against a decision
Decisions taken in accordance with this Law may be appealed against in accordance with the procedure established by this Law and the Law on Administrative Proceedings.’
Article 20. Amendment to Article 138
Article 138(2) shall be amended as follows:
‘2. An asylum applicant may file an appeal against a decision not to grant asylum taken after examining an application for asylum as to substance as a matter of urgency and against a decision taken pursuant to Article 77(2) of this Law with the relevant regional administrative court within seven days from the service of the relevant decision.’
Article 21. Amendment to Article 139
Article 139(1) shall be amended as follows:
‘1. The enforcement of a decision appealed against shall be suspended where:
1) a foreigner’s residence permit is withdrawn, except in the cases where a decision to withdraw a temporary residence permit has been taken on the ground referred to in Article 50(1)(14) of this Law, whereas a permanent residence permit has been withdrawn on the grounds referred to in point 2 or 21 of Article 54(1) of this Law;
2) an application for asylum lodged by a foreigner who has entered the Republic of Lithuania from a safe third country is not examined and he is returned or expelled from the Republic of Lithuania to the safe third country;
3) the decision appealed against refuses to grant asylum to a foreigner, except in cases when the decision is taken after examining an application for asylum as to substance as a matter of urgency;
4) the examination of an application for asylum is discontinued and a foreigner is expelled from the Republic of Lithuania or returned to a foreign state;
Article 22. Amendment to Article 140
1. Article 140(4) shall be amended as follows:
‘4. A decision taken may be appealed against to the Supreme Administrative Court of Lithuania within 14 days from the publication of the decision.’
Article 23. Supplementation of the Law with Chapter X2
The Law shall be supplemented with Chapter X2 as follows:
‘CHAPTER X2
APPLICATION OF THIS LAW IN THE EVENT OF DECLARATION OF MARTIAL LAW, A STATE OF EMERGENCY, ALSO DECLARATION OF AN EMERGENCY DUE TO A MASS INFLUX OF FOREIGNERS
Article 1407. Application of provisions of Chapter X2
1. The provisions of this Chapter shall apply in the event of declaration of martial law, a state of emergency, also declaration of an emergency due to a mass influx of foreigners.
2. Where the laws governing declared martial law or state of emergency lay down provisions other than those laid down in this Chapter, the provisions of the laws governing the declared martial law or state of emergency shall apply.
Article 1408. Entry of foreigners into the Republic of Lithuania and provision thereof with temporary accommodation
1. The presence of foreigners in transit zones of international airports of the Republic of Lithuania shall not be considered as entry into the territory of the Republic of Lithuania. The presence, in the temporary accommodation facilities referred to in paragraph 3 of this Article, of foreigners who have lodged an application for asylum at border crossing points, in transit zones or in the case referred to in Article 14012 of this Law pending a decision to admit an asylum applicant into the Republic of Lithuania or of foreigners who have illegally crossed the state border of the Republic of Lithuania and who are not asylum applicants for six months from the registration of such a foreigner in the Lithuanian Migration Information System shall not be considered as entry into the territory of the Republic of Lithuania.
2. If a foreigner lodges an application for asylum at a border crossing point, in a transit zone or in the case referred to in Article 14012(2) of this Law, the Migration Department shall, within 48 hours from the lodging of such an application, take a decision to admit the asylum applicant into the Republic of Lithuania, with the exception of the asylum applicants to whom provisions of Article 76(4) or Article 77(1) of this Law apply.
3. The asylum applicants who have lodged applications for asylum at border crossing points, in transit zones or in the case referred to in Article 14012(2) of this Law shall, pending a decision to admit them into the Republic of Lithuania, be temporarily accommodated by the State Border Guard Service at the border crossing points, in the transit zones, at the State Border Guard Service, at the Refugee Reception Centre or other accommodation centres, in accommodation facilities, accommodation premises, temporary accommodation or in other locations adapted for that purpose, without granting them the right to move freely within the territory of the Republic of Lithuania. Foreigners who have illegally crossed the state border of the Republic of Lithuania and who are not asylum applicants and foreigners in respect of whom a decision to refuse asylum has been taken shall, pending the enforcement of a final decision on a foreigner’s return or expulsion or the issue of a foreigner’s registration certificate, be temporarily accommodated by the State Border Guard Service in the accommodation facilities referred to in this paragraph, without granting them the right to move freely within the territory of the Republic of Lithuania. The asylum applicants referred to in this paragraph and foreigners who are vulnerable persons shall be accommodated at the Refugee Reception Centre on a priority basis. If medical, social, educational, catering and/or other services and psychological assistance are not provided in the temporary accommodation facilities to the asylum applicants and the foreigners referred to in this paragraph, the asylum applicants and the foreigners may be allowed, with a permission of the head of a temporary accommodation facility or a person authorised by him, to temporarily leave the temporary accommodation facilities to receive the said services or to purchase food products, provided that the risk of absconding from the temporary accommodation facilities is managed. In the case of the provision of these services to minors, priority shall be given to the provision of these services outside temporary accommodation facilities, provided that the risk of absconding from a temporary accommodation facility is managed.
4. The conditions and procedure for the temporary accommodation of the asylum applicants and foreigners referred to in paragraph 3 of this Article in the temporary accommodation facilities referred to in paragraph 3 of this Article, with the exception of the Refugee Reception Centre, as well as the procedure for temporary absence from the temporary accommodation facilities shall be established by the Minister of the Interior. The conditions and procedure for the temporary accommodation of the asylum applicants and foreigners referred to in paragraph 3 of this Article at the Refugee Reception Centre as well as the procedure for their temporary absence shall be established by the Minister of Social Security and Labour.
5. If, during declared martial law, state of emergency, also an emergency declared due to a mass influx of foreigners and for 28 days after the end thereof but not longer than for 6 months from the registration of a foreigner in the Lithuanian Migration Information System, no final decision is taken on the legal status of an asylum applicant who has been temporarily accommodated in the temporary accommodation facilities referred to in paragraph 3 of this Article, the Migration Department shall take a decision to admit such an asylum applicant into the Republic of Lithuania and to accommodate him in temporary accommodation facilities referred to in paragraph 3 of this Article.
6. If the Migration Department, when taking a decision to admit an asylum applicant into the Republic of Lithuania as referred to in paragraph 2 of this Article, establishes that it is necessary to verify the identity and/or nationality of the foreigner or that there are circumstances referred to in points 2, 3, 4 or 9 of Article 113(5) of this Law or, when taking a decision to admit an asylum applicant into the Republic of Lithuania as referred to in paragraph 5 of this Article that there are circumstances referred to in points 1, 6-11 of Article 113(5) of this Law, the Migration Department shall concurrently take a decision to accommodate the asylum applicant in the temporary accommodation facilities referred to in paragraph 3 of this Article, without granting him the right to move freely within the territory of the Republic of Lithuania. The restriction of the foreigner’s right to move freely within the territory of the Republic of Lithuania in the case referred to in paragraph 2 of this Article may not be applied for more than two months or, in the case referred to in paragraph 5 of this Article, for more than six months from the taking of the decision. If the ground for detention as referred to in point 3, 4 or 5 of Article 113(4) of this Law exists, the State Border Guard Service shall apply to a court for the detention of an asylum applicant or provision of an alternative to detention.
7. If, during declared martial law, state of emergency, also an emergency declared due to a mass influx of foreigners and for 28 days after the end thereof but not longer than for 6 months from the registration of a foreigner who has illegally crossed the state border of the Republic of Lithuania and who is not an asylum applicant in the Lithuanian Migration Information System, a final decision of the Migration Department or the State Border Guard Service on the foreigner’s return or expulsion is not enforced, the State Border Guard Service, having established that there are circumstances referred to in Article 113(5) of this Law, shall take a decision to accommodate him in temporary accommodation facilities referred to in paragraph 3 of this Article without granting him the right to move freely within the territory of the Republic of Lithuania; this restriction of the right to move freely within the territory of the Republic of Lithuania may not be applied for more than 6 months from the taking of this decision. If the State Border Guard Service has not established the circumstances referred to in Article 113(5) of this Law and has not taken the decision to accommodate the foreigner in temporary accommodation facilities without granting him the right to move freely within the territory of the Republic of Lithuania but the grounds for detention as referred to in Article 113(1) of this Law exist, the State Border Guard Service shall apply to a court for the detention of the foreigner or provision of an alternative to detention.
8. If asylum applicants referred to in paragraph 6 of this Article are not detained by a court or an alternative to detention is not provided to them, as well as after the expiry of the period of detention or the alternative to detention, the asylum applicants shall be accommodated by a decision of the Migration Department in accordance with the procedure laid down in Articles 79 and 14016 of this Law.
9. An appeal against decisions, as referred to in paragraphs 6 and 7 of this Article, regarding accommodation in the temporary accommodation facilities referred to in paragraph 3 of this Article without the right to move freely within the territory of the Republic of Lithuania may be lodged with a district court of the place of a foreigner’s stay or any other district court which is nearest to the place of the foreigner’s stay within 14 days from the service of the decision. A decision of the district court shall be appealed against and the appeal shall be examined in accordance with the procedure laid down in Article 117 of this Law.
Article 1409. Right to remain in the territory of the Republic of Lithuania
1. Asylum applicants, unaccompanied minor foreigners and foreigners who have illegally crossed the state border of the Republic of Lithuania and who are not asylum applicants shall have the right to remain in the territory of the Republic of Lithuania pending a decision concerning their legal status in accordance with this Law or pending the enforcement of a decision on the return or expulsion of a foreigner by the Migration Department or the State Border Guard Service. While considering the issue of determination of an EU Member State responsible for examining an application for asylum, asylum applicants shall have the right to remain in the territory of the Republic of Lithuania pending their transfer to another EU Member State responsible for examining their application for asylum.
2. The right to remain in the territory of the Republic of Lithuania shall not preclude the taking and enforcement of decisions on the return of foreigners to a foreign state and expulsion from the Republic of Lithuania on the grounds laid down in Articles 125 and 126 of this Law.
Article 14010. Foreigner’s registration certificate
1. The Migration Department shall issue a foreigner’s registration certificate:
1) to an asylum applicant, with the exception of the asylum applicants referred to in point 2 of this paragraph, not later than within three days from the lodging of an application for asylum;
2) to an asylum applicant who has illegally crossed the state border of the Republic of Lithuania, not later than within three days, and to an unaccompanied minor asylum applicant, not later than within two days from the taking of a decision to admit the asylum applicant into the Republic of Lithuania;
3) to a foreigner who has illegally crossed the state border of the Republic of Lithuania and who is not an asylum applicant, after the lapse of six months from his registration in the Lithuanian Migration Information System, not later than within three days, and to an unaccompanied minor foreigner not later than within two days.
2. The format of a foreigner’s registration certificate shall be approved by the Minister of the Interior.
3. A foreigner’s registration certificate shall be issued to a foreigner of any age as referred to in paragraph 1 of this Article.
4. A foreigner’s registration certificate shall be issued or renewed for a period not exceeding six months.
Article 14011. Foreigner’s right to apply for and be granted asylum in the Republic of Lithuania
1. A foreigner shall have the right to apply for and be granted asylum in the Republic of Lithuania in accordance with the procedure laid down in this Law. Where there are indications that a foreigner who is present at a border crossing point or in a transit zone may wish to apply for asylum, he shall be provided in a language that he understands with information on this right and the procedures to be followed.
Article 14012. Lodging of an application for asylum
1. A foreigner’s application for asylum may be lodged:
2) with the Migration Department – in the territory of the Republic of Lithuania in the case of legal entry into Republic of Lithuania;
2. A foreigner’s application for asylum lodged in violation of the procedure referred to in paragraph 1 of this Article shall not be accepted, explaining the procedure for lodging an application for asylum. The State Border Guard Service may accept an application for asylum lodged by a foreigner who has illegally crossed the state border of the Republic of Lithuania taking into account the foreigner’s vulnerability or other specific circumstances.
3. The procedure governing the lodging of foreigners’ applications for asylum in the case referred to in point 3 of paragraph 1 of this Article shall be established by the Minister of Foreign Affairs upon coordination with the Minister of the Interior.
Article 14013. Rights of foreigners
1. The asylum applicants referred to in Article 1408(3) of this Law shall have the rights referred to in Article 71(1), (2) and (21) of this Law, except for the right to receive a cash allowance.
2. The rights of an asylum applicant referred to in Article 71(1), (2) and (3) of this Law may be temporarily and proportionately restricted where they cannot be ensured for objective and justified reasons, with the exception of the rights referred to in points 1, 2, 4, 7, 8 and 9 of Article 71(1) of this Law. After the reasons referred to in this Article cease to prevail, the rights of asylum applicants referred to in Article 71 (1), (2) and (3) of this Law shall be restored without delay. Where, due to changes in the reasons referred to in this Article, the rights of asylum applicants referred to in Article 71(1), (2) and (3) of this Law cannot be restored without delay in their entirety to all asylum applicants, they shall first be restored to vulnerable persons.
Article 14014. Examination of an application for asylum
1. When examining applications for asylum, the provision of Article 76(5) of this Law shall not apply.
2. Applications for asylum lodged by unaccompanied minor asylum applicants and asylum applicants who have been subjected to torture, rape or other serious psychological, physical or sexual violence shall be examined by way of priority, however the provision of Article 76(6) of this Law shall not apply.
Article 14015. Circumstances precluding the examination of an application for asylum for vulnerable persons
When assessing the circumstances precluding the examination of an application for asylum, the provisions of Article 77(1) of this Law shall also apply to vulnerable persons.
Article 14016. Accommodation of an asylum applicant in the Republic of Lithuania
An unaccompanied minor asylum applicant shall be accommodated in the accommodation facilities referred to in Article 79(4) of this Law or other accommodation suitable for the accommodation of minors, unless his representative objects thereto.
Article 14017. Grounds for detention of an asylum applicant
An asylum applicant may be detained:
Article 14018. Detention of a foreigner
1. A foreigner’s detention must be as short as possible, and in the cases specified in Article 113(2) of this Law the foreigner may be detained for no longer than it is necessary for the taking of a decision on the return of the foreigner to a foreign state, expulsion from the Republic of Lithuania, imposition upon the foreigner of the obligation to leave the Republic of Lithuania or transfer of an asylum applicant to another EU Member State responsible for examining an application for asylum and/or for the enforcement of the expulsion from the Republic of Lithuania or the transfer of the asylum applicant to another EU Member State responsible for examining the application for asylum. The State Border Guard Service shall, on a periodical basis but at least once every three months, verify the circumstances affecting the justification of detention of a foreigner, and shall, in the cases and in accordance with the procedure laid down in Article 14021 of this Law, refer to a court with a request to review the decision to detain the foreigner.
Article 14019. Alternatives to detention
1. Alternatives to detention shall be as follows:
2) accommodation of a foreigner at the State Border Guard Service or another facility adapted for that purpose without restricting his freedom of movement;
2. The alternative to detention referred to in point 2 of paragraph 1 of this Article may be provided only to asylum applicants and foreigners in respect of whose applications for asylum a final decision has been taken and who are returned to a foreign state.
Article 14020. Referral to a court with a motion to detain a foreigner or to provide an alternative to detention
1. If there is a ground for detaining a foreigner laid down by this Law, an officer of the State Border Guard Service shall refer to a district court of the place of the foreigner’s stay or any other district court which is nearest to the place of the foreigner’s stay with a motion to detain the foreigner for a period exceeding 48 hours or to provide to the foreigner an alternative to detention within 48 hours from the detention of the foreigner. The foreigner’s presence at a court hearing shall be mandatory. During the court hearing of the motion to detain the foreigner or to provide to him the alternative to detention, the foreigner shall have the right to state-guaranteed legal aid.
Article 14021. Review of a decision to detain a foreigner
1. After grounds for a foreigner’s detention cease to prevail, the foreigner shall be entitled to, whereas the institution which initiated the foreigner’s detention must without delay, refer to a district court of the place of the foreigner’s stay or to any other district court which is nearest to the place of foreigner’s stay with a request to review the decision to detain the foreigner. After grounds for an asylum applicant’s detention cease to prevail, the institution which initiated the asylum applicant’s detention must without delay refer to a district court of the place of the foreigner’s stay or any other district court which is nearest to the place of the foreigner’s stay with a request to review the decision to detain the asylum applicant. If the foreigner who has been detained on the grounds referred to in Article 113(1) and (2) of this Law lodges an application for asylum, the State Border Guard Service must without delay refer to the district court of the place of the foreigner’s stay or any other district court which is nearest to the place of the foreigner’s stay with a request to review the decision to detain the asylum applicant.
2. Where a reasonable prospect of a foreigner’s expulsion from the Republic of Lithuania no longer exists for legal or other objective considerations, the institution which initiated the foreigner’s detention must refer to a district court of the place of the foreigner’s stay or any other district court which is nearest to the place of the foreigner’s stay with a request to review the decision to detain the foreigner.
Article 14022. Issue of a temporary residence permit to a foreigner
1. If a decision on the expulsion from the Republic of Lithuania of a foreigner who entered in the Republic of Lithuania during declared martial law, state of emergency, also an emergency declared due to a mass influx of foreigners is not enforced within five years from the taking of such a decision, the foreigner shall be issued a temporary residence permit.
2. In the case referred to in paragraph 1 of this Article, a foreigner shall, on the ground laid down in Article 40(1)(8) of this Law, be issued a temporary residence permit valid for a period not exceeding one year, during the period of validity whereof the foreigner shall have the right to take up employment.
3. The time limit referred to in paragraph 1 of this Article shall continue to run also after the end of declared martial law, state of emergency as well as an emergency declared due to a mass influx of foreigners.
Article 14023. Provision of humanitarian aid
1. In the event of declaration of martial law, a state of emergency, also declaration of an emergency due to a mass influx of foreigners, humanitarian aid shall be provided to foreigners in the territory of the Republic of Lithuania by state and municipal institutions and agencies of the Republic of Lithuania, also by non-governmental organisations under a contract or an agreement on the provision of humanitarian aid concluded with the Government or an institution authorised by it, as well as by international organisations. When concluding contracts or agreements with non-governmental organisations on the provision of humanitarian aid, account shall be taken of the experience of a non-governmental organisation in the provision of humanitarian aid to foreigners and the need for the provision of humanitarian aid as established by the Government or the institution authorised by it.
SECTION THREE
APPEAL AGAINST DECISIONS ON AN APPLICATION FOR ASYLUM, ON RETURN, EXPULSION AND PROHIBITION OF ENTRY
Article 14024. Filing of an appeal and time limits for filing an appeal
1. An appeal against the decisions referred to in Article 77(1), Article 86(3), Article 87(3) and Articles 125, 126 and 133 of this Law may be filed with the relevant regional administrative court within seven days from the service of a decision.
2. A court decision taken in respect of a decision referred to in paragraph 1 of this Article may be appealed against to the Supreme Administrative Court of Lithuania within 14 days from the publication of the decision in accordance with the procedure laid down by the Law on Administrative Proceedings.
Article 14025. Suspension of the enforcement of a decision appealed against
1. The enforcement of a decision appealed against shall be suspended in the cases referred to in points 1, 4, and 5 of Article 139(1) of this Law.
2. In the case not specified in paragraph 1 of this Article, the enforcement of a decision appealed against may be suspended by a ruling of the relevant administrative court regarding measures securing a claim. The court shall issue the ruling regarding the measures securing the claim not later than within two days from the receipt of a request to apply such measures or, where this request is submitted together with the appeal, from the receipt of the appeal.
Article 14026. Examination of appeals
The relevant regional administrative court must examine an appeal and take a decision within two months from the admission of the appeal, while the Supreme Administrative Court of Lithuania – within one month from the admission of the appeal.’
Article 24. Entry into force, application and implementation of the Law
2. Foreigners’ applications for asylum in the Republic of Lithuania lodged before the entry into force of this Law shall be examined and decisions shall be taken in accordance with the provisions of the Law of the Republic of Lithuania on the Legal Status of Foreigners which was in force before the entry into force of this Law.
3. Examination of appeals of foreigners lodged before the entry into force of this Law with a collegial body set up in accordance with the procedure established by the Minister of the Interior shall be completed by this collegial body in compliance with the provisions of the Law of the Republic of Lithuania on the Legal Status of Foreigners which was in force before the entry into force of this Law. Decisions of the collegial body set up in accordance with the procedure established by the Minister of the Interior and taken after the entry into force of this Law or the time limit for appealing against which expires after the entry into force of this Law may be appealed against to a regional administrative court within seven days from the service of a decision. Decisions of regional administrative courts concerning decisions of the collegial body set up in accordance with the procedure established by the Minister of the Interior and taken after the entry into force of this Law may be appealed against in accordance with the provisions of Article 14024(2) of Chapter X2 of the Law of the Republic of Lithuania on the Legal Status of Foreigners as set out in Article 23 of this Law.
4. Appeals against the decisions referred to in Articles 125, 126 and 133 of the Law of the Republic of Lithuania on the Legal Status of Foreigners taken before the entry into force of this Law may be lodged in compliance with the provisions of Article 138(1) of the Law of the Republic of Lithuania on the Legal Status of Foreigners.
5. Decisions concerning foreigners who crossed the state border of the Republic of Lithuania illegally before the entry into force of this Law, with the exception of the decisions referred to in paragraphs 2 and 3 of this Article, shall be taken in compliance with the provisions of this Law.