Publication date: 17.04.2025
Ukrainian lawyer (advocate) with over 20 years of experience. I specialize in family, immigration, and administrative law. For over a year and a half in Poland, I have been providing legal assistance to foreigners, particularly in divorce cases, legalization, deportation defense, and international protection matters. I actively apply Polish law in practice, prepare complaints, administrative and judicial appeals, and conduct legal analysis. I have experience handling complex cases where previous lawyers failed to achieve a result.
Case Summary: A Ukrainian citizen legally residing in Poland contacted me after applying for a temporary residence permit (karta pobytu). For several months, he waited for a response from the voivodeship office but received no communication. Later, the client accidentally discovered that a negative decision had already been issued and had entered into legal force.
The situation became even more surprising when it was revealed that the copy of the decision was sent to a third party who was not authorized to represent the client. This person never forwarded the decision, and as a result, the client lost the opportunity to file an appeal on time.
Legal Risk:
Due to the missed deadline for appeal, the client faced the following consequences:
- Legal stay in Poland was now at risk,
- The threat of deportation during a legal status check had increased,
- A new application could be interpreted as illegal stay,
- Future residence permits could be automatically rejected.
My Legal Response:
After analyzing the documents and official correspondence from the voivodeship office, I determined that:
🔹 The decision was delivered improperly: it was sent to the wrong address and to an unauthorized person.
🔹 The client had no objective possibility to review the decision within the legally prescribed time.
🔹 This violated the principle of proper notification and the right to defense under the Polish Administrative Procedure Code and international human rights standards.
Based on this, I:
📌 Prepared a motion to restore the deadline for appeal, explaining that the client was unable to exercise his right to appeal due to administrative error and not his own fault.
📌 Cited Polish case law where similar situations were recognized as significant procedural violations.
📌 Argued that this was a violation of the principle of effective administrative protection, as guaranteed by Article 6 of the European Convention on Human Rights.
Result:
The competent authority approved my motion.
The case was reopened and the appeal was accepted for consideration.
The client restored his legal right to remain in Poland and gained the opportunity to continue the legalization process.
A separate complaint was also submitted to the authority that mishandled the notification, in order to prevent similar cases in the future.
Legal Significance of the Case:
This case clearly shows how procedural formalities can directly deprive a person of their legal rights. Improper delivery of an administrative decision is not just a technical error — it may represent a violation of the principle of a fair administrative process.
As a professional lawyer based in Wrocław, I rely not only on national law, but also on provisions of the European Convention on Human Rights and relevant case law from both Polish and international courts.
If you’ve been denied a residence permit, failed to receive a decision, or only found out too late — it’s not the end of the process. In many cases, the deadline to appeal can be reinstated with the right legal approach.
📌 Contact me if you need:
– consultation on immigration law,
– help with restoring missed deadlines,
– legal representation in voivodeship offices,
– support in court or administrative proceedings.
Your right to stay deserves protection.
