Appellation procedure

In case of the proceedings ending with a refusal to grant a temporary residence permit, a permanent residence permit or a long-term EU resident's residence permit, every foreigner has the right to appeal to a second-level instance authority – to the Office for Foreigners. An appeal may be lodged within 14 days from the day of receiving the decision.

For example, a decision of refusal issued on the 10th of January 2015 was posted on the 12th of January and received by a foreigner on the 20th of January.  this means, that the foreigner has the right to lodge an appeal until the 2nd of February 2015.

It should also be remembered that if a decision is not received by a foreigner or his attorney-in-fact, it will return to the voivode and will be considered delivered and will become effectual after 14 days. This means, that on the fourteenth day at the latest an appeal can be lodged in the chancellery of the Department for Foreigners or posted by a registered letter with a confirmation of service to the address of the Voivodeship Office.

The appeal is lodged to the second-level instance authority on the name of the Head of the Office for Foreigners (UDSC), but through the voivode who had issued a negative decision.

According to article 132 of the Code of Administrative Proceedings (KPA), the voivode can issue a new decision in which he will reverse or change the decision that has been challenged, on the condition that he considers the appeal to deserve to be fully acknowledged. Then, the case files will not be sent to a second-level instance authority.

However, if the voivode does not consider the appeal to deserve to be fully acknowledged, all case files are sent to the UDSC. Simultaneously, the voivode notifies the foreigner that he had not found grounds to acknowledge the appeal, and so he sustains the decision and passes the case on to the second-level instance authority. Such a letter is delivered to the foreigner within a week or a fortnight after lodging the appeal and is often confused with a refusal by the second-level instance authority, because it contains information on sustaining the decision. 

During further proceedings the UDSC will contact the foreigner only in writing. It will send by post all information, summons and the final decision to an address provided by the foreigner.

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 Copyright © by Foundation for Development Beyond Borders, 2015