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Other decision

The procedure for granting asylum may conclude with a positive decision – on granting asylum, a decision on the refusal of asylum application or a decision on termination of the proceedings. If a person is not satisfied with the settlement, he or she has the right to apply to the Head of the Office for Foreigners to re-examine the case. Without using the right to file an application for reconsideration of the case, a party may lodge a complaint with the Voivodeship Administrative Court in Warsaw via the Head of the Office for Foreigners.

 

A foreigner will be refused asylum if he or she does not fulfil the conditions for granting asylum, i.e.: it is not necessary to provide him/her with protection or it is necessary, while an important interest of the Republic of Poland does not support granting asylum. It may also happen that there are circumstances excluding him/her from the possibility of obtaining protection in Poland, indicated in art. 19 sec. 1 clause 3 or sec. 2 or art. 20 sec. 1 clause 2 or 3 of the Act on granting protection to foreigners within the territory of the Republic of Poland of 13 June 2003.

The Head of the Office for Foreigners may also discontinue the proceedings if for any reasons they become pointless (e.g., if a person resigns from further applying for asylum).

If a person receives a decision on refusal to grant asylum or on discontinuation of such proceedings, he or she shall be obliged to leave the territory of the Republic of Poland within 30 days from the date on which the decision issued in the first instance becomes final, or from the date on which the decision is issued by the Head of the Office for Foreigners as a result of the submitted application for reconsideration of the case. Without using the right to file an application for reconsideration of the case, a party may lodge a complaint with the Voivodeship Administrative Court in Warsaw via the Head of the Office for Foreigners.

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