Temporary residenceAppeal the decision
Cancellation of the Decision on the Ban to Enter Poland
I am student from Ukraine, stayed 4 more days in Poland upon the expiration of the allowable period of stay in the territory, after that I got deportation for 6 months. Upon returning home, I filed documents for a visa and received a positive decision. I came to the border to apply for cancelation of a ban to enter Poland, but the customs officer told me that I had a visa and consequently the ban to enter Poland had been canceled and let me enter Poland. When I went home for the holidays, I was detained at the border for 9 hours and that time I was given 3 years of deportation. I have already written an application on the cancelation of the first ban and 14 days later I'll write an application on the cancelation of the second ban.
How long will it take the Chief of the Border Service to make a decision in the case? Was the decision on the ban to entry justified, if the Border Service let me enter Poland?
Under the provisions of Administrative Procedure Code, a decision in the case, requiring advocacy actions shall be executed no later than within one month, in particularly complex cases – not later than 2 months upon procedure commencement, within 1 month upon procedure appeal. (Art. 35 of Administrative Procedure Code of Poland).
I draw your attention to the fact that a stamp duty shall be paid in case of submitting an application on the cancelation of the ban to enter Poland in the amount of 10 zloty according to the Application to the Law on Taxes.
According to Art. 318 of the Law on Foreigners, the judgment on the foreigner&rsquos obligation to return shall contain the decision on the ban to re-enter into the territory of Poland or the territory of Poland and the Schengen countries and the term of the ban.
The institution, having made a judgment on the foreigner&rsquos obligation to return, can, at the foreigner&rsquos request, cancel the ban when making the decision. The Law on Foreigners does not provide another situation in which a ban can be canceled or stopped. In particular, the fact that the Consul of Poland issued the visa, does not give the right to cancel the decision on the ban to enter Poland, which further led to the recognition by the Border Service of the fact that you failed to fulfill the obligation imposed upon you and there was made another decision on the ban to enter Poland, which fully complies with the current legislation.
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