SDR - RC01/2004 - An administration’s obligation to respond to requests from citizens

This recommendation from the Luxembourg Ombudsman emphasises that the administration is obliged to respond to requests from citizens, particularly regarding residence permits on humanitarian grounds. Despite the Minister for Foreign Affairs and Immigration’s assertion that these applications are examined carefully—and although, according to him, many are submitted merely ‘as a formality’—the Ombudsman points out that a lack of response from the administration after three months is legally equivalent to a refusal and opens the way for an appeal. He criticises the practice of failing to provide a written response, considering that it creates unnecessary uncertainty for applicants and does not prevent legal proceedings. Consequently, he recommends that the Minister systematically respond with a reasoned decision within a reasonable timeframe.