During the appeal procedure

Remember!

>NOTE!< The basic rules for dealing with an application before a first-instance authority extend to appeal proceedings

• The appeal is filed through the authority that issued the decision at first instance, but after the appeal has been lodged, all correspondence is addressed directly to the appeal body.

• The appeal should be filed within the time limit, which is 14 days from the date of delivery of the decision of the first-instance authority.

• In the event of failure to comply with the deadline, it is possible to restore it only if the interested party both substantiates that the failure occurred without their fault, as well as the application for restoration of the deadline takes place no later than within 7 days from the date of cessation of the reason for the failure to meet the deadline. When applying for the restoration of the deadline, it is necessary to simultaneously complete the action whose deadline has been missed, e.g. filing an appeal (which was not filed within the deadline). The time limit for the restoration of the time limit provided for the activity cannot be reinstated.

• The appeal should allow identification of the person who is lodging it, including being signed by them (legibly) and contain at least the name and full address of the applicant.

• If the appellant is a representative, they must present with the appeal a power of attorney entitling them to appeal, if one is no longer in the case file, together with stamp duty. The power of attorney should be submitted in the original or certified copy. An attorney may not authenticate themself or herself unless they are lawyers.

• The appeal should allow identification of the party (by providing the names and surnames of the foreigner, as recorded in the travel document, their citizenship and date of birth), identification of the decision against which the appeal is lodged (including by indicating the authority that issued the decision, the date of the decision, its signature and what it concerns) and contain a request (e.g. revoking the decision and granting the permit).

• The appeal does not require a detailed statement of reasons and the reasoning and evidence provided in the appeal should be related to the case. The grounds of the appeal should, as far as possible, be supported by the appellant by evidence capable of altering the decision.

• If a foreigner in the appeal proceedings does not want to be further represented by a representative who has been appointed for representation before both the first and second instance authorities, they should withdraw the power of attorney. Only from the moment of receipt of the notification to the appeal body will such a person not be treated as a representative.

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