Art. 41 LOI sur la procédure administrative (LPA-VD) - Application du droit

PE.2023.0185 · vd (art. 41 LPA-VD)

Restaurant Owner v. Immigration Authority (Work Permit Refusal)

Applied by the court to justify applying the law ex officio during the appeal review.

FI.2023.0110 · vd (art. 41 LPA-VD)

Parent-Child Loan Reclassified as Gift Taxable Upon Agreement

Cited to establish the court's power to apply the law ex officio during the proceedings.

GE.2023.0005 · vd (art. 41 LPA-VD)

Refusal of University Matriculation Based on Iranian Diploma Equivalence and ECUS Interpretation

Cited in the reasoning showing that the court applies the law ex officio when reviewing the lower authority's reasoning.

PE.2022.0003 · vd (art. 41 LPA-VD)

Entry Ban Upheld Against Residence Permit for Late Family Reunification

Cited in the reasoning that the court applies the law ex officio (general principle).

PE.2019.0281 · vd (art. 41 LPA-VD)

Daughter's Late Family Reunification Permit Appeal Granted Due to Best Interest of the Child

Applied as a procedural rule obliging the Court to apply the law ex officio (not limited by party conclusions).

PE.2018.0378 · vd (art. 41, 89 al. 1, 99 LPA-VD)

Residence Permit Refusal and Removal Order Affirmed Despite Spouse's Mental Health Issues

Cited in the reasoning (Considérant 6c) as the basis for the court's power to examine a point ex officio, which resulted in the partial admission of the appeal.

PE.2018.0237 · vd (art. 41, 89 al. 1, 99 LPA-VD)

Foreign National Residence Permit Appeal and Departure Order Review

Cited as the basis for the Tribunal to review the point regarding the immediate departure order ex officio.

PS.2017.0109 · vd (art. 41 LPA-VD)

Asylum Seeker's Late Appeal Against Residency Refusal and Emergency Aid Termination Dismissed

Cited in reasoning 1.b as the rule that the Tribunal applies the law ex officio, relevant to the overall conduct of the proceedings leading to order I.

PE.2014.0176 · vd (art. 41 LPA-VD)

Family Reunification Permit Refusal Upheld Due to Untimely Application and Lack of Major Family Reasons

This procedural rule was mentioned in the context of the court's full power of review during the appeal process, which cured any potential violation of the right to be heard in the first instance.

PS.2014.0002 · vd (art. 41 et 89 al. 1 applicable par renvoi de l'art. 99 LPA-VD)

Claimant v. Employment Office (ORP) - Transfer from Professional to Social Follow-up Without Formal Decision

Cited as the general procedural basis allowing the court to admit the appeal and remit the case, despite the specific conclusion taken by the appellant.

GE.2011.0080 · vd (art. 41 LPA-VD)

Marriage Application Denial Based on Lack of Residency Permit and Denial of Justice

Cited in the reasoning establishing the obligation of the authority to apply the law ex officio, which underpins the finding of a flawed instruction.

AC.2011.0085 · vd (Art. 41 LPA-VD)

Appeal Regarding Building Permit for Wooden Barriers Dismissed in Part, Setback Condition Removed

Cited in reasoning regarding the examination power of the court, but not explicitly in the final orders.

AC.2010.0154 · vd (Art. 28, 41 et 89 LPA-VD)

Residents v. Zoning Board on Agricultural Land Rezoning for Parking

Although cited regarding the review power of the cantonal court, they are not cited in the dispositive orders.

AC.2010.0037 · vd (art. 28, 41 et 89 LPA-VD)

Neighbors v. Municipality over Building Permit Denial for Lack of Architectural Harmony

Cited as the legal framework giving the court the power to examine the merits of the case ex officio, which leads to the annulment of the decision.

PE.2011.0186 · vd (Art. 41 LPA-VD)

Foreign National Deportation Appeal Rejected After Marriage Dissolution

The court referenced this article when explaining why the appointment of an official counsel was not justified, as the court applies the law ex officio.