Clarifying objectives, jurisdiction and requirements
We begin with the objective and the decision required. I assess requirements, competence and evidence. A clear application focuses legal assessment on the issue that actually needs resolving.
Advice covers permits, licences, exceptions and other consents in accepted matters. I distinguish enforceable entitlements from decisions involving discretion. Required additional documents depend on the procedure.
Hearings and delayed decisions
When an adverse measure is proposed, I assess the allegations and facts, prepare submissions and evidence and consider file access. Unclear information should be clarified before inclusion in a binding statement.
For an unprocessed application, I establish the history, outstanding cooperation duties and reasons for delay, then assess whether an enquiry, further reasons or court proceedings are appropriate.
Practical examples
These examples describe typical situations. The appropriate response depends on the facts of each case.
Documents for the initial assessment
Please have the application, attachments, acknowledgement, file number and further requests ready. A short chronology of submission and response dates helps establish the procedural stage. Explain the financial or personal effects of the delay too.
Frequently asked questions
Does prolonged silence mean permission has been granted?
The passage of time alone generally grants no permission. Deemed permission requires a specific statutory rule and fulfilment of its conditions. An action for failure to act is a separate issue.
Can I always bring proceedings after three months?
Section 75 VwGO generally provides a three-month waiting period. There must also be no sufficient reason for the failure to decide; special circumstances may justify a shorter period. The specific procedure needs assessment.