In the situation of a significant exceeding of the deadline to issue a decision, the significant increase of the number of cases in the administrative authority cannot justify it. It
The Association for Legal Intervention jointly with other non-governmental organizations (Helsinki Foundation for Human Rights, Fundacja Inna Przestrzeń, Fundacja Centrum Badań Migracyjnych, “Our Choice” Foundation) intervened, once again, at the Governor of Mazowieckie due to faulty notices issued to migrants.
Currently, notices issued are very often misleading for migrants. It can lead to an unjust refusal of residence permit, and consequently to an illegal stay in Poland.
According to our information, the immigration department currently prepares changes to notices issued to migrants.
However, those changes do not alter the fundamental error of notices, that is their lack of individualization. Extensive request to submit documents that are not always required in their individual cases or have already been submitted by the migrant together with the application are unlawful.
The Governor of Mazowieckie infringes fundamental procedural guarantees and constitutional principle of democratic state ruled by law. The Governor cannot justify the infringement of law by its work organization.
Faulty notices are one of the reasons why, in 2019, around half of appeals lodged against decisions issued by the Governor of Mazowieckie on the legalization of stay were repealed.
It leads to an additional workload for the
Governor of Mazowieckie, which could be avoided by respecting procedural guarantees. Furthermore, it leads to an excessive length of procedures and, therefore, financial liability of the Governor.