In what circumstances is leave to appeal granted?

The Administrative Judicial Procedure Act is a key piece of general legislation that lays down the conditions for granting leave to appeal, i.e. the grounds for leave to appeal. (link to section 111 of the aforementioned Act)

Under this Act, the Supreme Administrative Court must grant an applicant leave to appeal, if:

• it is important to refer the matter for decision by the Supreme Administrative Court for the application of law in other similar cases or due to uniformity of legal practice (so-called law by precedent).
• there is special cause for referring the matter for decision by the Supreme Administrative Court due to a manifest error that has occurred in the matter; or
• there are other serious grounds for granting leave to appeal.

The Supreme Administrative Court may also grant leave to appeal in respect of only part of a decision that is subject to appeal.

Certain administrative sectors have their own regulations, which may supplement or restrict the system of leave to appeal, such as the Tax Procedure Act and the Aliens Act.