Challenging the decision on the obligation to return (deportation)?

The scenario outlined in the previous post does not serve as the sole evidence leading to the Decision of a foreigener to return (hereinafter referred to as the ‘Decision’). However, let us be honest – it is the least entirely obvious.

To recap briefly: You intend to apply for a residence permit. You book an appointment to submit your application with the required attachments at the local Voivodeship Office and await this date without calculating Your stay days, under the assumption that even if Your visa expires or You exceed the stay permitted under the visa-free regime during this wait, the booked appointment grants You the right to stay legally.

Does it make sense to appeal such a Decision? It makes immense sense to appeal if You find Yourself in the situation described earlier.

As a lawyer, I can affirm: there is always a chance to prove Your innocence through the repeal of the Decision or, at the very least, to shorten the ban period. Do not hesitate to declare (during detention) Your desire to appeal against the Decision on the obligation to leave Poland and the Schengen area.

An appeal against the decision shall be lodged in writing, through the body which issued the decision, within 7 days from the date of receipt of the decision appealed against.

You can submit an appeal to the Commander-in-Chief of the State Border Guard through the Unit or Post of the State Border Guard that issued the Decision. You can act on Your own or with the assistance of a proxy. This proxy does not necessarily have to be a lawyer like me (an advocate, legal adviser); it can also be a person without legal education. However, it is advisable for the proxy to be experienced in such cases and proficient in Polish language, and to be provided with a power of attorney by You.

What other benefits does this appeal offer aside from the expected repeal of the Decision? You may postpone the enforcement of the Decision and remain in the territory of Poland until Your appeal procedure is concluded, which may take several months. In the event that the Commander-in-Chief of the State Border Guard, after analyzing your track record, upholds the Decision by issuing a final decision to refuse the repeal, you will have between 8 to 30 days to depart, with the exact timeframe always specified in the Decision. The ban period is calculated from the day You leave the Schengen area.

The aforementioned is not the sole option for a foreigner who has received a Decision on the obligation to leave Poland to improve their situation. Another avenue is to reduce the ban period by half. For instance, if Your Decision imposes a ban for one year, You may be eligible for its reduction to six months. However, there are several conditions you must fulfill. Detailed information on this I would gladly provide You during my legal consultation.