Introduction
The return of an application means that the administrative authority refuses to accept the application and to consider the request contained therein.
An administrative authority returns the application to the applicant if the application was filed with the wrong authority and the competent authority cannot be determined based on the information in the application, or if the application indicates that a common court has jurisdiction over the matter. An administrative authority also returns the application to the applicant if the fees and costs of the proceedings have not been paid despite a proper request for payment of these amounts.
Legal Provisions
- Act of June 14, 1960 – Code of Administrative Procedure, in particular Chapter 1 (Initiation of Proceedings) of Section II (Proceedings) and Section IX (Fees and Costs of Proceedings).
- Act of November 16, 2006, on Stamp Duty.
Detailed explanation
Submission of an application to the wrong authority
An administrative authority is required to adhere to its subject-matter and territorial jurisdiction, meaning that it handles the type of administrative matters determined by the regulations governing its scope of activity (subject-matter jurisdiction) within the territorial scope specified by law (territorial jurisdiction).
If an administrative authority determines that it lacks subject-matter or territorial jurisdiction, it is required to immediately forward the application to the competent authority and notify the applicant. However, if it is not possible to determine the competent authority or if a general court has jurisdiction over the matter, the administrative authority returns the application to the applicant.
| Local jurisdiction – example | |
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An application for a residence permit is submitted to the MOS (Municipal Office) of the provincial governor with jurisdiction over the place of residence of the foreign national to whom the application pertains. So, if you live in a given province (let’s say in Warsaw, and thus in the Mazovia Province) and you submit your application to a different provincial governor (e.g., the Governor of Łódź), that governor will forward the application to the governor who is competent to review it (in this example: the Governor of Mazovia). |
| Subject-matter jurisdiction – example | |
|---|---|
| If you submit an application in a matter where the provincial governor is competent to review it in the first instance (e.g., for a temporary residence permit) to an authority other than the provincial governor, let’s say—to the Head of the Office for Foreigners, that authority will forward the application to the competent provincial governor, taking into account territorial jurisdiction. |
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The Case Management Module includes safeguards against violating the provincial governor’s jurisdiction when submitting an application for a residence permit. This means you cannot select an authority other than the provincial governor to whom you will send the application. The provincial governor’s territorial jurisdiction will be automatically determined based on the information regarding your current place of residence in Poland that you provide in the application. |
Failure to Pay the Stamp Duty
The administrative authority will also return the application if the request contained in the application (e.g., issuance of a certificate or granting of a permit) is subject to a stamp duty, and the applicant, despite a proper request, fails to pay this fee within the designated time limit (7–14 days). (more information: refund of stamp duty).
The application is returned by way of a decision, which may be appealed (see: Remedies).
