Section 129. Right of appeal, etc.

The Ministry is the appeals body in cases that have not been decided by the Ministry itself at first instance and where fundamental national interests or foreign policy considerations have been decisive, in whole or in part, for the outcome of the case.
In cases where the Ministry makes an administrative decision at first instance, the administrative decision may not be appealed, but if proceedings are instituted against the Ministry’s administrative decision, the State bears all costs in the case.
If the Ministry has issued instructions on the residence status of a foreign national who has been granted an entry permit under section 35, any appeal against the decision shall be considered by the King in Council.
A decision by the Ministry to refuse consent under section 127, third paragraph, may not be appealed.
Administrative decisions may be implemented at an earlier date than follows from section 90. A time limit of less than seven days may be set, or a time limit under section 90, fifth paragraph, may be dispensed with if the foreign national has been found to pose a threat to fundamental national interests.
If a foreign national invokes refugee status or otherwise provides information indicating that the protection against removal under section 73 will apply, an administrative decision may only be implemented before it is final if
  1. a.
    the application for residence has been rejected under section 32,
  2. b.
    the applicant has previously had an application for asylum rejected in another country, or
  3. c.
    the conditions for residence under section 28 or for protection against removal under section 73 are manifestly not met.
The King may issue regulations containing further provisions.