If your asylum application in Poland is denied by the Office for Foreigners, you have the right to appeal. Understanding the appeal process, timelines, and available support is crucial for protecting your rights and maintaining legal residence during proceedings.
Appeal to the Refugee Board
Appeals must be filed with the Refugee Board (Rada do Spraw Uchodźców) within 14 days of receiving the negative decision. The appeal should present new evidence or arguments that the first-instance decision was incorrect. During the appeal process, the applicant retains their right to remain in Poland and access reception services.
Judicial Review
If the Refugee Board upholds the negative decision, the applicant can challenge it before the Provincial Administrative Court (WSA) in Warsaw within 30 days. The court reviews whether the administrative authorities properly applied the law and considered all relevant evidence. A further appeal to the Supreme Administrative Court (NSA) is possible on points of law.
Free legal aid is available through organizations such as the Helsinki Foundation for Human Rights and the Association for Legal Intervention. UNHCR Poland also provides support and monitoring of asylum procedures.