The capacity of the MOI CR as a first-level administrative authority to make an independent decision on a lodged appeal, known as autoremedial action, is defined in Section 87 of the Administrative Procedure Code. The MOI CR, as a first-level administrative authority may amend or cancel a disputed decision, if in doing so this fully satisfies the appeal and if no harm can be caused thereby to any of the parties, unless all those affected have expressed their consent. An appeal may be made against such a decision.
If, having studied the appeal, the MOI CR reaches the decision that it is justified or that conditions have been met for taking new facts or evidence presented in the appeal into account in accordance with Section 82(4) of the Administrative Procedure Code, it may decide itself by autoremedial action, if in so doing it fully satisfies the appeal.
If the MOI CR does not deem the conditions for proceeding in the framework of auto-remedial action to have been satisfied, it shall pass on the file to the appellate administrative authority (the Commission for decision-making in matters of residence of foreigners) with its standpoint.
| Zdroj dat | www.mvcr.cz |
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| Originál | mvcr.cz/mvcren/article/autoremedial-action.aspx |
