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Publication date: 30.07.2024
Vitaliy Kolomiets is an experienced lawyer specializing in assisting with obtaining residence permits and residence cards in Poland. He has in-depth knowledge of Polish law and many years of experience in migration matters. He has over 5 years of experience.
How to Appeal Deportation from Poland?
Deportation is the forced removal of a foreigner from a country if their legal stay has expired or they have violated the laws of that country.
Why are such issues increasingly common lately?
Deportation from Poland has become more frequent for several reasons. Economic instability and social problems in other countries lead to an increase in the number of people seeking work and asylum in Poland. The large influx of migrants and refugees provokes stricter immigration control. This puts a strain on the system and results in more deportations.
Additionally, some foreigners, while staying in the country on a visa or under visa-free regime, miss their departure dates. Even a delay of 5 minutes (for example, if the departure is at 00:05 instead of before 00:00) can result in a deportation stamp in the passport. Therefore, carefully check and double-check the departure date to avoid problems when leaving the country.
The most common reasons for deportation of Ukrainians from Poland
Despite Poland's assistance to Ukrainian citizens due to the war, Ukrainians are also subject to deportation. The most common reasons for deportation from Poland include:
- Staying in the country with expired or improperly issued documents.
- In Poland, it is illegal to work without the appropriate permission or contract, which is a violation of the law and one of the main reasons for deportation.
- Violating public order rules: participation in illegal activities, including minor offenses.
- Attempting to obtain refugee status without sufficient grounds or using false information will lead to deportation, as will using fake or invalid documents for entry or stay in the country. If these documents were made for you by an unscrupulous company and they turn out to be fake, you will be deported.
- Housing issues – lack of registered residence or living in unauthorized places can lead to deportation from Poland.
- Medical reasons. In some cases, if a migrant poses a threat to public health, they may be deported.
Who makes the decision on deportation
The decision on deportation is made by the head of the Border Guard Service or the head of the specific border checkpoint unit. Deportation can be initiated by the police, the voivode, the Ministry of Defense of Poland, the Internal Security Agency, the Foreign Intelligence Service of the Republic of Poland, or even the tax office management. When appealing the deportation decision in court, the judicial authorities may order the foreigner to leave the country.
Cancellation of deportation from Poland
Any unusual situation can and should be viewed from different angles, even deportation. Here, lawyers from the company “Consultant” come to the rescue. But let's go in order. If a deportation decision has been issued, an appeal can be filed. The appeal must be submitted within 14 days from the receipt of the decision. It will be reviewed by the Office for Foreigners, but it must be submitted through the voivode who issued the deportation decision. If the voivode's decision does not satisfy the appellant, they can appeal to the Supreme Administrative Court no later than 30 days after receiving the voivode's decision.
During the appeal process, it is necessary to provide all the necessary documents and evidence proving that the deportation is unjust. These may include documents confirming the legality of stay, work permit, evidence of family ties, etc.
If the appeal is accepted and the deportation is canceled, all sanctions imposed due to the previous decision are lifted.
Why seek the help of a professional lawyer in such a situation
Appealing a deportation decision is a rather complex procedure that requires knowledge of Polish law and, preferably, experience. The necessity of correctly filling out all forms, collecting all necessary documents proving the foreigner's innocence – these issues are best handled with an experienced lawyer. On the marketplace consultant.net.pl, you can choose a migration lawyer who will fully support you during the appeal process to ensure that the decision is in favor of canceling the deportation from Poland.
