Lack of notification - art.113 Act on Foreigners
The Provincial Administrative Court in Warsaw Overturns the Head of the Office for Foreigners' Decision and Masovian Immigration Office Decision to Deny a Temporary Residence Permit
The Provincial Administrative Court in Warsaw (WSA) issued a judgment on December 3, 2025 (case file no. IV SA/Wa 1737/25), in which it overturned the challenged decision of the Head of the Office for Foreigners of May 23, 2025, and the decision of the Mazovian Voivode of May 2, 2024, maintained by it, regarding the refusal to grant a temporary residence permit.
Subject of the Dispute
Our client filed an application for a temporary residence permit based on a Polish language course. Previously, he had a residence permit for the purpose of undertaking full-time higher education studies, which began on October 1, 2022, and for which he was granted the permit on January 4, 2023.
The public administration authorities (the Voivode and the Head of the Office) refused to grant a new permit. The reason for the refusal was that the complainant was struck off the list of students of Wszechnica Polska University of Applied Sciences on July 31, 2023, but failed to comply with the obligation under Article 113 of the Act on Foreigners, i.e., he did not notify the Voivode within 15 working days of the cessation of the reason for granting the permit.
The Head of the Office upheld the refusal decision, concluding that the foreigner intentionally failed to report the removal from the student list to avoid the initiation of proceedings to revoke his existing permit and continued to use the right of residence in Poland.
Key Findings of the Court
The WSA found that the challenged decision and the Voivode's preceding decision were issued in violation of procedural regulations that could have had a significant influence on the outcome of the case (Article 145 § 1 item 1 lit. c of the P.p.s.a.).
The Court ruled that the refusal to grant a subsequent permit based on Article 100 section 2 of the Act on Foreigners falls into the category of discretionary decisions ("may refuse to grant a subsequent permit..."). This means that applying this instrument (even in the case of a breach of Article 113) must be preceded by a sufficient understanding of the factual situation and a balance of the individual's interest against the interests of the state.
The Court criticized the administrative authorities for:
Limiting themselves exclusively to stating a breach of the reporting obligation (Article 113).
Failing to fulfill the obligation to conduct a fair explanatory procedure (violation of Article 7 and Article 77 § 1 in connection with Article 80 of the Code of AdministrativeProcedure (K.p.a.)) and the principle of active participation of the party (Article 10 of the K.p.a.).
Failing to explain the reasons for missing the deadline under Article 113.
Failing to consider circumstances favorable to the complainant, such as: legal stay in Poland, possession of financial means, health insurance, secured accommodation, lack of other confirmed legal violations, pursuing the purpose of stay (studies) until July 31, 2023, and the fact that the new purpose of stay (Polish language learning) is consistent with the initially indicated one.
Consequences and Next Steps
In the Court's assessment, the degree of the complainant's failure to comply with the reporting obligation requires a more detailed explanation. The authorities are obliged to conduct supplementary evidentiary proceedings.
Furthermore, the authorities must consider whether applying Article 100 section 2 of the Act on Foreigners to the complainant, taking into account his long-term stay in Poland and the circumstances presented, would not constitute an unduly burdensome measure.
Currently, the case is progress in Masovian Immigration Office.
Author: Anna
