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Poland / Administrative Court / IV SA/Wa 3286/15

A.B. (applicant) v Polish Boarder Guard

Policy area:
Justice, freedom and security
Deciding Body type:
National Court/Tribunal
Deciding Body:
Voivodeship Administrative Court in Warsaw
Decision date:

Key facts of the case: 

The applicant A.B. wanted to cross the Polish border. The Polish Border Guard refused him an entry to Poland and informed him about the decision to revoke his Schengen visa. Together with this information, the applicant received information on the opportunity to appeal this decision and on the legal requirements for such an appeal. The information was prepared in another language (since the description of the judgement in anonymised, the information on the second language is not included). The applicant refused to confirm with his signature the receipt of the information concerning the deadline and the way to appeal the decision provided to him by the Border Guard. A couple of weeks later, after the deadline prescribed by law,  the applicant submitted an appeal against this decision, however the Chief of the Polish Border Guard (the second instance in this case) dismissed it. This decision was justified by the fact that the application was submitted after the deadline. The applicant appealed against this decision to the Court. 

Outcome of the case: 

The Court decided that in this case a circumstance that could justify the delay in submitting the appeal did not occur. The Court dismissed the application.