If the family of a seriously ill migrant was to be forced to return to their home country, it would infringe that migrant’s right to family life and personal life,
Requests to submit additional documents received by migrants are misleading.
In August, we informed the Mazovian Voivodship Office that the notices received by migrants, when submitting an application, are incomprehensible to a party to the proceedings, and often misleading. This practice applies to legalization procedures, i.e. for granting a temporary residence permit, permanent residence, etc.
Check the standard request: notice to a third-country national
When submitting an application for residence, migrants automatically receive an extensive request to supplement documents that are not always required in their individual cases or have already been submitted to the case file with the application. Consequently, foreigners do not know what documents they are obliged to submit in order to obtain a decision in accordance with their request, and this often leads to negative consequences in the form of refusal to grant the requested permit.
Example: a foreigner is requested to submit a birth certificate for a child even though he/she does not have a child
In our letter, we reasoned that in this way, the authority transfers the burden of the evidence proceedings to a party to the proceedings, which is incompatible with the principle of a democratic state governed by the rule of law, as stipulated in Article 2 of the Constitution.
Accordingly, the argumentation of the Mazovian Voivodship Office is as follows (briefly):
- the general request simplifies (= shortens) the procedure
- foreigners know best what documents are necessary in the proceedings
We cannot agree with such an explanation. Why?
- foreigners who do not know the language participate in proceedings conducted in Polish
- foreigners are required to be familiar with Polish law, which even for Polish lawyers is sometimes confusing
- it is the responsibility of the authority to establish the “material truth” in the proceedings, i.e. “how it really is”, it cannot pass this obligation on to a party to the proceedings
- the simplification of the procedure is illusory – it allows the summons to be issued sooner, but since it is completely incomprehensible, it does not accelerate the gathering of evidence in the case
We intent to continue our efforts in this matter.