The return decision (decyzja o zobowiązaniu cudzoziemca do powrotu) is issued by the commanding officer of a Border Guard (Straż Graniczna) post or unit. It is the core instrument of the Polish return procedure — the document commonly referred to as a "deportation decision". The decision settles three things at once: the obligation to leave the territory, the deadline for voluntary departure (or the lack of one), and — most often — an entry ban to Poland and the other Schengen states.
The most common grounds for the decision
- residence without a valid visa, residence permit or other legal basis for stay,
- working without the required permit or in breach of the permit's conditions,
- exceeding the permitted length of stay (e.g. the 90-day limit under visa-free travel),
- using documents containing false data,
- grounds relating to state defence, state security or public order,
- a final conviction in Poland or another EU member state,
- crossing the border in breach of the regulations.
A factual circumstance alone does not close the case. The authority must examine whether there are no grounds for refraining from issuing the decision, or for granting leave to stay on humanitarian grounds or tolerated stay. It is precisely this area that is often examined superficially — and that is usually where we find grounds for an effective appeal.
Deadlines — the most important element of the case
The appeal is lodged with the Head of the Office for Foreigners (Szef Urzędu do Spraw Cudzoziemców) through the authority that issued the decision. The deadline runs from the date the decision is delivered to the foreigner or their lawyer. If the deadline has already passed, this does not always mean the end of the case — it may be possible to request reinstatement of the deadline while showing the delay was not the person's fault, and in some procedural configurations also to request reopening of the proceedings or a declaration that the decision is invalid.
What an effective appeal should contain
Procedural objections
These concern how the proceedings were conducted: the absence of an interpreter during questioning, the lack of proper instruction on rights, documents not delivered in an understandable language, evidentiary motions being ignored, findings based solely on the protocol drawn up on the day of detention, or a lack of proper reasoning.
Substantive objections
These concern the substance of the ruling: failure to take into account family life in Poland, the best interests of the child, health condition, the length and legality of previous residence, risk in the country of return, and a disproportionate length of the entry ban imposed.
Evidentiary motions
- civil-status records, children's documents, school or kindergarten certificates,
- employment contracts, confirmations of employment, proof of paid social-security contributions,
- medical documentation, if health is relevant to the case,
- a lease agreement or property deed, proof of registration of residence,
- witness statements about family and social ties.
Suspension of execution of the decision
When the decision has been given immediate enforceability, or no voluntary-departure deadline was set, the appeal alone may not be enough. We then file, in parallel, a request to suspend execution of the decision, showing that its execution would cause effects that are difficult to reverse — separating the family, interrupting treatment, or losing the ability to take part in pending proceedings.
How we help
We run the case from analysis of the decision all the way to the administrative court. We check deadlines, review the case file, prepare the appeal with full argumentation and evidentiary motions, file the request to suspend execution of the decision, and — where the foreigner has been detained — run in parallel the case concerning detention in a guarded centre and the matter of the entry ban and SIS alert.