Discontinuance of proceedings | Moduł Obsługi Spraw

Introduction

The purpose of administrative proceedings is to resolve a matter by issuing a decision that settles it on its merits, such as a ruling granting or denying a residence permit. However, this objective cannot always be achieved (e.g., in the event of a party’s death)—the proceedings are then terminated (dismissed), and the authority merely states that continuing them is pointless.

A party at whose request the proceedings were initiated may also request the discontinuation of the proceedings, including in a situation where, during the course of the proceedings, they abandon their intention to continue residing in Poland and apply for a residence permit, and, in connection with their planned departure, wish to settle and close their affairs.

An appeal may be filed against the decision to discontinue the proceedings.

Provisions

Article 105 of the Act of June 14, 1960 – Code of Administrative Procedure.

Detailed explanation

In proceedings concerning the legalization of a foreign national’s stay, the proceedings will be discontinued, inter alia:

	if it turns out that there were grounds for refusing to initiate the proceedings
	e.g., if it is revealed during the proceedings that at the time of submitting the application for a residence permit to the MOS, the foreign national was outside Poland (except in cases where such a situation is permitted);

	in the event of the foreign national’s death or loss of the capacity to acquire the rights arising from the permit
	e.g., if the foreign national acquires Polish or EU citizenship, and thus the Act on Foreigners will no longer apply and it will not be possible to grant the permit;

	if the foreign national requests it
	e.g., withdraws their intention to obtain a permit.

	if the subject matter of the decision no longer exists
	e.g., if a foreign national applies to renew a permit that has expired.

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Introduction

Provisions

Detailed explanation