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Poland / Supreme Administrative Court / II OSK 1084/18

L. S. v. Chief of the Foreigners’ Office (Szef Urzędu do Spraw Cudzoziemców)

Policy area:
Asylum and migration
Deciding Body type:
National Court/Tribunal
Deciding Body:
Supreme Administrative Court
Decision date:

Key facts of the case:

Internal Security Agency applied to voivodeship governor to withdraw the L.S.’s long-term residence permission. The voivodeship governor withrew the permission and the Chief of Foreigners’ Officer upheld the decision. Decision was based on information (provided by the Internal Security Agency) classified due to security reasons. One of the argument brought by the applicant was incorrect implementation of directive 2003/109/EC concerning the status of third-country nationals who are long-term residents. The Regional Administrative Court dissmissed the appeal.

Key legal question raised by the Court:

Does limitation of access to materials in administrative proceedings concerning withdrawal of residence permission?

Outcome of the case:

The complaint of L.S. was dismmised by the Supreme Administrative Court. The Court found that Article 47 CFR does not exclude limitation of access to case files that were basis of decision concerning .