Leaving unrecognized

Detailed explanation

The administrative body leaves the application unexamined in a situation where, despite a correct request to supplement the formal deficiencies of the application (see: formal deficiencies), the defect of the application has not been removed.

The application shall be left unexamined not only if the formal deficiencies of the application have not been remedied, but also when they have been supplemented, but not in accordance with the requirements of the authority specified in the request. However, it should be remembered that only a correct call to remove formal deficiencies can cause negative consequences for the applicant.

Leaving the application unexamined is a form of termination of the proceedings.

However, this is a material and technical activity that does not involve the issuance of a separate decision, i.e., a decision or decision, but the administration is obliged to notify the applicant about leaving the application unexamined.

In a situation where the formal deficiencies of the application have been completed after the deadline set in the request (but before sending the notification of leaving the application unexamined), the administrative body is obliged to consider the case due to the fact that the deadline for completing the formal deficiencies of the application is only instructional (see: refusal to restore formal deficiencies).

Leaving the application unexamined means that the application is not considered as to its substance.

A party who disputes the legality of leaving the application unexamined may therefore lodge a reminder with a higher authority (see: reminder) In the event that there is no higher authority, the party may file a reminder with that authority. If the procedure involving the submission of a reminder is exhausted, a party may lodge a complaint against the inaction of the authority that left the application unexamined to the voivodeship administrative court competent for the seat of this body.