When applying for a permit, follow the checklist and the information provided for this procedure. We encourage you to review the infographic and watch the animated video about temporary residence permits.
Introduction
The temporary residence permit for the purpose of studying entitles to temporary residence in Poland for the purpose of to start or continue studies.
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Glossary of terms Studies - education being pursued:
The education must take place at a study institution that:
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All other forms of education at universities, how / as incl. part-time higher education, postgraduate studies, MBA studies, are referred to as education, not studies, and the appropriate permit is a temporary residence permit due to other circumstances |
Authorised persons
- third-country nationals and stateless persons who want to start or continue studies in Poland, including studies covered by an EU exchange program or other program providing for mobility between EU countries;
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The permit is also granted for the purpose of:
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- holding a temporary residence permit for the purpose of performing work under an intra-company transfer as a trainee employee;
- who are applying for a temporary residence permit for the purpose of employment in a high-qualification profession or have such a permit;
- holding a permanent residence permit or an EU long-term resident permit;
- residing in Poland on the basis of a Schengen visa authorising only entry, issued for the purpose of arrival for humanitarian reasons, due to state interest or international obligations;
- residing in Poland on the basis of a temporary residence permit due to circumstances requiring a short-term stay (Article 181 of the Aliens Act);
- covered in the territory of the Republic of Poland by international protection forms (refugee status, subsidiary protection), temporary protection
- detained, placed in a guarded centre or against whom the measure
- serving a custodial sentence or temporarily arrested;
- residing in Poland after having been obliged to return, and the deadline for voluntary departure set out in the decision obliging the foreigner to return has not yet expired, including in the event of an extension of this deadline;
- obliged to leave Poland in the cases referred to in Art. 299(6) of the Aliens Act
- residing outside Poland.
Granting authority
- the competent voivode due to the place of residence of the foreigner;
- Head of the Office for Foreigners (as the appeals authority, 2nd instance).
Form of granting
- administrative decision delivered outside MOS.
Period for which granted
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15 months or duration of the academic year or studies extended by 3 months, if education at university level justifies a stay in Poland shorter than 15 months
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2 years - when the studies are covered by an EU programme or a multilateral programme encompassing mobility measures or an agreement between at least two higher education institutions providing for intra-EU mobility, which applies to the permit referred to in Art. 144 para. 1. ⇒ in the case of commencing studies in the first year;
- 2 years and 6 months ⇒ in the case of education at a doctoral school.
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If the permit is being granted to you for the first time but you are not starting your studies in the first year, |
- duration of studies, extended by 3 months, not exceeding 3 years.
- in the case of a toctoral school - the duration of studies, extended by 6 months, but not longer than 3 years.
Afterssibility of renewal
- Permit is not renewed automatically. A foreigner who wishes to continue residing in Poland should, before its expiry, apply for a residence permit, with the condition that in such a situation they may not apply for a long-term EU resident permit.
Supplementary information
| Temporary residence permit (art. 144 para. 1) | |
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⇒ If you are benefiting from temporary protection in Poland, the proceedings for granting this permit will not be initiated. |
| Conversion of temporary protection into temporary residence | |
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| If you hold a valid "UKR" status, you held this status |
Regulations
Statutory Regulations
The temporary residence permit for the purpose of pursuing higher education is regulated by the provisions of Chapter 6, Section V of the Act of December 12, 2013, on Foreigners, which are applied in conjunction with the regulations concerning the issuance of all types of temporary residence permits set forth in Chapter 1, Section V. : General Provisions.
The substantive and legal requirements for granting such a permit are set forth in Article 144(1) of the aforementioned Act.
Implementing acts to the Act
- Regulation of the Minister of Internal Affairs and Administration of […] 2026 on applications for the granting of a temporary residence permit to a foreigner;
- Regulation of the Minister of Internal Affairs and Administration of July 26, 2022, on fees charged in the Republic of Poland to foreigners for the issuance and replacement of documents that may be issued to foreigners, and the procedure for their payment;
- Regulation of the Minister of Internal Affairs and Administration of February 6, 2018, on the amount of financial resources that a foreigner undertaking or continuing studies in the territory of the Republic of Poland must possess;
- Regulation of the Council of Ministers of September 24, 2020, on the determination of countries whose citizens, when applying for a temporary residence permit, are not required to deduct funds intended to cover living expenses when calculating the amount of monthly financial resources;
- Regulation of the Council of Ministers of September 24, 2020, on the determination of countries whose citizens attending a preparatory course for university studies are granted a temporary residence permit for the purpose of pursuing university studies;
- Regulation of the Council of Ministers of July 12, 2024, on verified income criteria and the amounts of cash benefits from social assistance.
Requirements
The foreigner is therefore a third-country national or stateless person, and at the time of applying is legally staying in the territory of Poland (excluding stay, inter alia, for humanitarian purposes, in connection with temporary protection, under an ICT permit as a trainee employee or a Blue Card permit).
Both the declared and actual purpose of the foreigner's stay in Poland is to commence or continue full-time higher education studies or to study in a toctoral school (art. 144 para. 1).
Studies must constitute the basis for applying for a temporary residence permit, and at the same time must justify the foreigner's stay in Poland for more than 3 months.
The education takes place at a study institution:
- approved by the minister competent for internal affairs, in accordance with art. 144 ust. 4 of the Act on Foreigners;
- with respect to whom a decision on the ban on admitting foreigners has not been issued, referred to in art. 144a ust. 1 of the mentioned Act ⇒ if not subject to such
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The list of approved entities and information on the procedure can be found on the Ministry of Interior and Administration website — click and go. |
- provided that paid studies are undertaken or continued.
- within the meaning of the Act of 27 August 2004 on healthcare services financed from public funds or confirmation of the insurer covering the costs of medical treatment in the territory of the Republic of Poland.
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You should have adequate funds to cover living costs, departure costs, or return costs. You may have funds in Polish currency (PLN) or in foreign currencies, according to the exchange rate published by the National Bank of Poland on the last working day preceding the submission of the application for a temporary residence permit. |
Living costs
The financial means you have at your disposal each month, after deducting actual housing costs, should be sufficient to cover daily expenses. This amount must be higher than
| Required income level | |
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| Actual accommodation costs | |
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They include at least the amount of fixed charges related to the maintenance of the premises calculated per number of persons residing therein, as well as charges for supply of electricity, gas, water and collection of sewage, waste and liquid waste to the premises. These costs must be tocumented by presenting, among other things, the most recent bills for electricity, gas, etc. Students who are citizens of the Republic of Belarus are exempt from the obligation to tocument and deduct these costs. |
Return costs
Costs of return to the country of origin or residence or the cost of transit through another country
- 200 PLN – in the case of a country neighbouring Poland;
- 500 PLN – to an EU country not neighbouring Poland, Norway, Iceland, Liechtenstein or Switzerland;
- 2,500 PLN – in the case of other countries.
- including depending on the obligations imposed on them and the defined method of their fulfilment:
- submitted through MOS an application for a permit in electronic form in the manner specified in the provisions together with the necessary annexes;
- paid the due stamp duty;
- appeared at the appointment at the provincial office, in accordance with the summons, and during it:
- presented a valid travel tocument (or in justified cases, if they to not have a travel tocument,
- submitted fingerprints;
- submitted a signature specimen.
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| Detailed explanation taking into account exceptions to general rules can be found in the step: Filling in and submitting the application and in the step: Proceedings - in the Personal appearance section. |
Documents
1. Necessary tocuments upon when submitting wniosku - przesyłane through MOS
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These tocuments are necessary for the application to be processed. |
Fill in the form in MOS electronically, in accordance with the instructions. Then sign it with a trusted signature or qualified electronic signature via login.gov.pl, after adding the necessary attachments.
- completed in electronic form, in accordance with the instructions, and then signed via login.gov.pl by a person authorised to represent the university with a trusted signature, personal signature or qualified electronic signature;
In a particularly justified case, if you to not have a valid travel tocument and it is not possible to obtain one, you may attach a scan of another tocument confirming your identity beyond any toubt. At the same time, you should tocument (by adding an additional attachment) the inability to obtain a travel tocument and the efforts made to obtain one.
- showing the facial image of the foreigner, without head covering and darkening glasses. The photo should meet the detailed criteria set by law.
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Additionally you can (but you ton't have to at this stage) submit together with the application:
- in the form of electronic tocuments or scans of tocuments you have in paper form. Attach them in PDF format. |
2. Necessary tocuments when submitting the application – delivered during a personal visit to the office
After submitting the application in MOS, wait for the voivode's summons to appear in person at the voivodeship office. The scheduled appointment will take place no sooner than 7 days after the date of delivery of the summons.
During the visit, present:
- original travel tocument - so that the proceedings are not discontinued;
- proof of payment of stamp duty, if it was not attached as an electronic tocument to the application- so that the application
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Check the exceptions, including those regarding the signature. |
3. Other tocuments – delivered during a personal visit to the voivodeship office, submitted at the voivode's registry office or sent by post to the address of the registry office
The voivode will call you for tocuments necessary to confirm the data contained in the application and the circumstances justifying the granting ofif you did not attach them when submitting the application, and if when submitting the application you attached their scans you will be summoned to present the originals or authenticated copies.
Documents deliver within the set deadline (this will be no less than 14 days) to the registry office of the provincial office or send it to its address. If the voivode allows this option, you may also submit tocuments during a scheduled visit to the voivodeship office - the official will carry out a preliminary verification and inform you whether and which tocuments are missing.
- within the meaning of the Act of 27 August 2004 on healthcare services financed from public funds or confirmation of the insurer covering the costs of medical treatment in the territory of the Republic of Poland.
| regarding the determination of accommodation costs | |
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⇒ Submit supporting documents confirming the amount of fixed charges related to the maintenance of the premises and the latest bills for supplies to the premises of electricity, gas, water and the collection of sewage, waste and liquid effluents. You may also submit a declaration regarding the amount of housing costs, which is subject to assessment in terms of its credibility. ⇒ If you are a citizen of the Republic of Belarus, you to not need to submit such a statement or present those tocuments. |
| regarding living costs and return travel costs | |
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⇒ The catalogue of tocuments you may present is defined by the relevant regulation. They include:
⇒ These tocuments should be issued no earlier than 1 month before submitting the application. |
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⇒ Submit tocuments in originals or in copies certified as conforming to the original by a notary or a representative (provided they are an advocate or a legal adviser). Certification of conformity of the copy with the original may also be made by an authorised employee of the voivodeship office at the registry, provided you show them the original tocument. ⇒ Documents in a foreign language must be presented together with a sworn translation into Polish. The register of sworn translators is maintained by the Ministry of Justice and is available here; ⇒ Documents must be current at the date of issuing the decision on the permit. |
Filling out and submitting the application
In-person action
The Act on Foreigners requires that a foreigner personally sign an application for a temporary residence permit in order for the application to be processed. Therefore, the application cannot be signed by a representative or the foreigner’s employer.
An application concerning a foreigner who is:
- a minor—is submitted by their parent or guardian;
- a person who is completely incapacitated—is submitted by their guardian;
- an unaccompanied minor—is submitted by a guardian.
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⇒ Submitting an application via MOS means sending the application via MOS along with the necessary attachments, after it has been fully completed in Polish and signed with a trusted or qualified electronic signature on login.gov.pl, and receiving an official acknowledgment of receipt from the provincial governor. An application submitted by a Polish citizen on behalf of a minor or a person who has been completely incapacitated may also be signed with a handwritten signature. ⇒ The application is not considered submitted unless the applicant has received an official acknowledgment of receipt. The acknowledgment must be downloaded and retained. |
Application deadline
- during a legal stay in Poland.
Submitting an application to the MOS from abroad
- is not permitted. The application must be submitted during your stay in Poland.
To submit an application via MOS, follow the instructions below:
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Certificate confirming the submission of the application
If the application was submitted correctly and during a legal stay, the foreigner’s continued stay is considered legal from the date of submission until the date on which the decision regarding the granting of a temporary residence permit becomes final.
In such a situation, the provincial governor is required to issue the foreign national, free of charge, a certificate confirming the submission of the application. It will be generated in the MOS system. The foreign national may also collect it in paper form during a personal visit to the provincial office.
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⇒ The certificate does not entitle you to travel within the Schengen Area. You may leave for your country of origin or permanent residence, but to return to Poland, you must obtain a visa if you come from a country subject to visa requirements, or meet the entry conditions for visa-free travel. ⇒ If you return to Poland under visa-free travel, you may remain in Poland until the date on which the decision regarding the granting of a temporary residence permit becomes final, even if this occurs more than 90 days after the date of your re-entry into the Schengen Area. |
Stamp duty
- 340 PLN
It must be paid in advance, upon submission of the application. If you fail to pay this fee, the provincial governor will issue a demand for payment within a period of 7 to 14 days. If you fail to comply with the demand, you must expect that the provincial governor will return the application by way of a decision.
Method of payment
Pay the stamp duty to the bank account or at the cashier’s office of the tax authority, which is the mayor of the city having jurisdiction over the seat of the provincial governor to whom you are submitting the application.
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⇒ Proof of payment of the stamp duty should be attached to the application for a permit as one of its required attachments. Submit this document to the provincial governor no later than the deadline specified in the request for payment of the stamp duty. ⇒ When submitting your application via MOS, you may attach an electronic confirmation of the bank transfer generated by the banking system or a scan of the proof of payment of the stamp duty for the issuance of the permit. |
Proceeding in the matter of
Party to the proceedings
It is only the foreigner. It is they who:
- fills in the application in MOS,
- signs application with a trusted signature using a trusted profile or a qualified electronic signature and
- sends this application via MOS with the necessary attachments.
He cannot be replaced in these activities by a representative.
Authority conducting the proceedings
The competent authority to consider the application is the voivode competent for the place of residence of the foreigner – this voivode receives the electronically submitted application, initiates and conducts the proceedings for granting the permit, or refuses to initiate it. The higher-level authority in relation to the voivode is the Head of the Office for Foreigners.
Initiation of proceedings
Administrative proceeding regarding granting a temporary residence permit is initiated at the request expressed in the application.
The voivode refuses to initiate proceedings when on the date of submission of the application for this permit at least one of the listed circumstances specified in Article 99(1) or Article 145a of the Aliens Act applies. A refusal to initiate proceedings takes the form of a resolution, against which a complaint may be lodged.
- the foreigner has a permanent residence permit or a long-term EU resident permit;
- the foreigner is in Poland on the basis of a Schengen visa authorising entry only to that territory issued for the purpose referred to in Art. 60 para. 1 point 23 of the Foreigners Act (i.e. for humanitarian reasons, in the interest of the state or international obligations);
- the foreigner is in Poland on the basis of a temporary residence permit, granted in cases referred to in Art. 181 para. 1 of the Foreigners Act – which is a permit issued due to special circumstances requiring a short-term stay;
- the foreigner is covered on the territory of Poland by forms of international protection (refugee status, supplementary protection), national protection (asylum, tolerated stay permit, humanitarian stay permit) or other forms of protection (temporary protection) or is applying for international protection or for asylum;
- the foreigner is detained, placed in a guarded facility or a preventive measure in the form of a prohibition on leaving the country is applied against them;
- the foreigner is serving a prison sentence or is in pretrial detention;
- the foreigner resides in Poland after being ordered to return, and the deadline for voluntary departure specified in the return decision has not yet expired, including when that deadline has been extended;
- the foreigner is obliged to leave the territory of Poland in cases referred to in Art. 299 para. 6 of the Foreigners Act (i.e. there is an obligation to leave the territory of Poland related to the conclusion of the proceedings listed in that provision);
- the foreigner is abroad;
- the foreigner has a temporary residence permit for the purpose of work within an intra-company transfer (the so-called ICT permit, granted under Art. 139 para. 1 of the Foreigners Act) granted to them as a trainee employee;
- the foreigner applies for or holds a temporary residence permit for the purpose of performing work in a profession requiring high qualifications.
Personal appearance
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| After submitting the application you will have to visit the voivodeship office at most twice– for the first time to fulfil obligations including presenting the travel tocument, submitting fingerprints and signature specimen, and then – if the permit is granted – to collect the personalised residence card after the permit has been granted. Additional visits may only be needed when required in the given proceedings, e.g. to provide necessary explanations. |
After receiving the application in MOS the voivode calls for a personal appearance at the office for the purpose of:
- presentation of a valid travel tocument;
- submitting fingerprints;
- submission of a signature specimen.
When summoning a foreigner, the voivode sets appointment date no shorter than 7 days from the date of delivery of the summons. At the same time, the governor may also summon the foreigner to:
- supplementing formal deficiencies of the application, if it finds that such exist - under pain of leaving the application without consideration;
- payment of the stamp duty for granting the permit - under pain of returning the application;
- to submit tocuments confirming that the permit requirements are met.
Voivode will discontinue the proceedings in the situation where the foreigner:
- toes not appear for the appointment at the voivodeship office, in accordance with the summons;
- appears in response to the summons, but fails to fulfil the action to which he was summoned (i.e. will not present a travel tocument, will not submit fingerprints or
- minors under the age of 6
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⇒ A parent, guardian or curator who submitted the application in MOS on behalf of the minor must appear at the voivodeship office when summoned to present the travel tocument of the minor foreigner. The minor may, but is not required to, accompany them during this activity. |
- persons who due to illness or disability are unable to fulfil this obligation
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⇒ An illness or disability preventing personal appearance must be confirmed by a medical certificate. It must be issued by the relevant specialist toctor no earlier than 3 months before the application is submitted. ⇒ Exemption from the obligation to appear at the office toes not mean automatic exemption from the remaining obligations, provided for in regulations, related to submitting an application in MOS. |
Persons who are exempt from the obligation to appear in person fulfil the obligation to present a travel tocument by:
- the parent or legal guardian of the minor foreigner (under 6 years of age) appears on the date and at the place indicated, in accordance with the voivode's summons, in order to present the minor's valid travel tocument;
- a person who is exempt from the obligation to appear in person due to illness or disability:
- sends to the provincial office in paper or electronic form a copy of the travel tocument, in accordance with the voivode's summons.
- submits a paper copy of this tocument at the registry office using the assistance of a representative or third party, in accordance with the voivode's summons.
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⇒ If the foreigner toes not have a valid travel tocument and it is not possible to obtain one, they should proceed analogously with the identity tocument they hold. At the same time, they should attach a statement and, if possible, evidence confirming that they cannot obtain a travel tocument from the country of origin. ⇒The compliance of a copy of a tocument with the original must be confirmed by a notary or through a proxy appearing in the case (provided they are an attorney or legal adviser). |
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minors under the age of 6;
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persons from whom taking fingerprints is not physically possible;
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persons who due to illness or disability are unable to appear at the voivodeship office.
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⇒ An illness or disability preventing personal appearance must be confirmed by a medical certificate. It must be issued by the relevant specialist toctor no earlier than 3 months before the application is submitted. |
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minors under the age of 13;
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persons who due to disability are unable to fulfil this obligation (are unable to sign independently);
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⇒ Sick or disabled persons who are able to sign but whose illness or disability prevents them from visiting the voivodeship office submit a handwritten signature specimen on a special form, which they send by post or submit at the correspondence office of the voivodeship office through a proxy. ⇒ The form is available for townload in Step 3. – Submit the application online in the "Other applications" panel. |
Deadline and priority for processing the application
The application for granting the permit will be processed within 60 days of submitting a complete application together with the necessary annexes and required tocuments.
First of all applications are considered submitted by foreigners admitted to a toctoral school.
Decision
After reviewing the evidentiary material and any supplementation thereof the voivode rules by administrative decision on the granting of the permit, unless it finds obstacles to granting it, including assessing whether the requirements concerning
Issuing a refusal decision may be caused by:
- failure to meet the requirements for a temporary residence permit with respect to the declared purpose of stay or finding that
- entry of the foreigner's data into the register of foreigners whose stay in the territory of the Republic of Poland is undesirable, or the listing of data in the Schengen Information System for the purpose of refusing entry and stay;
- grounds of national defence or state security or protection of public safety and order or obligations from ratified international agreements;
- submission in the proceedings for a temporary residence permit of an application containing
- failure to consent to treatment, in a situation where there is a treatment obligation under Art. 40 para. 1 of the Act of 5 December 2008 on the prevention and combating of infections and infectious diseases in humans;
- submission of an application during illegal stay in Poland or illegal stay in Poland on the date of issuing the decision
- the occurrence of justified toubts as to the credibility of statements made by the foreigner,
- the fact that the preceding temporary residence permit for the purpose of studying, as established, was used for a purpose other than the purpose for which it was granted - in the case of re-applying for the first permit or applying for a subsequent permit;
- removal from the list of students or toctoral students – in the case of a subsequent application for the first permit or an application for a subsequent permit (refusal on this basis is optional, i.e. depends on the assessment of the voivode).
| The Voivode may also refuse the permit in the following situation the foreigner's failure to fulfill the notification obligation on the cessation of the reason for granting the previous permit. Refusal on this basis will be justified where |
Issuing a refusal decision may be caused by:
- finding that the institution operates mainly to facilitate illegal entry or stay of students or toctoral students in Poland, in particular offers and provides educational services exclusively related to the education of foreigners in studies.
What next?
⇒ A foreigner who has obtained the permit a residence card is issued (more information in the tab: "Residence card").
Rights and obligations (including):
| Entitlements concerning legal stay and travel | |
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⇒ Thanks to the permit and the valid residence card you can legally reside in Poland and cross the Polish border without the need to hold a visa or fulfil the conditions for entry under the visa-free regime. ⇒ You may also cross the internal borders of the Schengen Area and stay in other Schengen Area countries for a period of 90 days in any 180-day period, provided that the entry and stay requirements are met. |
| Free access to the Polish labour market | |
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| ⇒ After obtaining the permit, you may work in Poland without the need to obtain a work permit. |
| Running a business on simplified terms | |
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| ⇒ It is possible on the basis of entry in the CEiDG. |
| Temporary residence permit granted to graduates of Polish universities | |
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| ⇒ After completing your studies, you may obtain a temporary residence permit for the purpose of seeking employment or preparing to conduct business activity (Art. 186 para. 1 point 6); |
| Right to intra-EU mobility for students | |
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| ⇒ You may continue or supplement your studies by staying in another EU Member State under an EU or multilateral student exchange programme for a period not exceeding 360 days. Be sure to complete all formalities before departure. |
| Obligation to comply with legal norms | |
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| ⇒ You are responsible for violations of applicable law, and in the event of, among other things, a conviction for an intentional offence or a fiscal offence in Poland resulting in the inclusion of your data in the list of foreigners whose stay in Poland is undesirable, or a finding that you constitute a threat to national defence or security or the protection of public safety and order, the permit will be revoked. |
| Information obligations of the foreigner and the university | |
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⇒ You are obliged to notify the relevant voivode in writing, within 15 working days, that you are not studying (you interrupted your studies, you were removed from the student list, you completed your studies ahead of schedule). ⇒ The rector of the university is obliged to notify the voivode if you lose your student/toctoral student status. Information about admission to studies as well as removal from the list of students/toctoral students is also continuously entered by the university into the register of foreigners admitted to studies and toctoral schools. |
Against the decision to refuse granting the permit, an appeal lies to the Head of the Office for Foreigners. Filing an appeal constitutes your right, not obligation.
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Appeal
If you disagree with the decision issued by the voivode, you may appeal against it. Appeal will be considered by the Head of the Office for Foreigners, and your case will be handled by the Department for Legalization of Stay of this office.
Appeal submit to the Head of the Office for Foreigners in writing, through the voivode, who issued the decision. Do this within 14 days from the date, when the decision was served.
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⇒ Appeals is not submitted via the MOS portal, but on the portal (in the "Submit application online" section) you will find a form to help you prepare it. ⇒ The appeal must be submitted in writing sent by post, submitted in person or by a third party at the voivode's correspondence office, or in electronic form to the voivode's electronic delivery address. ⇒ After filing an appeal direct further correspondence directly to the UdSC. |
Appeal processing deadline
Appeal should be processed within 90 days. If it contains any formal deficiencies, this period will be counted from the date they are remedied.
Most typical decisions
In the appeal proceedings, the Head of the Office for Foreigners may recognise the validity of granting a temporary residence permit.
In that case will annul the challenged voivode's decision and grant the permit, explaining in the reasoning the reasons for repealing the decision.
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A foreigner who, after the decision of the first-instance authority was overturned, obtained a temporary residence permit in Poland, a residence card is issued. This tocument is issued ex officio by the voivode who conducted the first-instance proceedings. |
In the appeal proceedings, the Head of the Office for Foreigners may find that the requirements have not been met. Then will uphold the voivode's decision and explain his position.
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⇒ If the permit is not granted and you to not have a basis for further stay in Poland, you should leave the territory of Poland within 30 days from the date on which the decision upholding the voivode's decision issued by the Head of the Office for Foreignersreturn obligation decision. ⇒ If you submit next application for granting a residence permit within this deadline, this application will not be examined (refusal to initiate proceedings). |
In the appeal proceedings, the Head of the Office for Foreigners may find that the decision was issued in violation of procedural rules.
In that case will annul the voivode's decision and refer the case back to him for re-examination.
