Reminders, complaints, compensation
If the case consideration regarding a residence card or work permit lasts longer than the period provided for in the Code of Administrative Offenses, there must be compensation for excessive duration of consideration or inaction of the body.
On behalf of a foreigner or an employer, Motli Business Consulting Sp. Z o. o. can file a reminder or complaint with the Voivodeship Administrative Court for excessive duration of the administrative proceedings or inaction concerning the decision on temporary residence or work permit for a foreigner.
The result of our work is the receipt of decision by a foreigner or an employer and compensation for non-compliance with the deadline for decision-making; and in case of non-issuance of the decision, a foreigner or an employer risks losing financial means.
Motli Business Consulting SP. Z o. o. boasts high efficiency in litigation and uninterrupted work in the interests of its customers.
Compensation for delayed case consideration
Several conditions must be met to receive compensation for delay in the case consideration.
First of all, an application should not have formal shortcomings. They should be removed during the consideration, so that the issuing authority had no reason to issue a decision without identification. The next condition is the duration of the consideration, it is impractical to go to the body in a month or two, as the Code of Administrative Offenses provides for up to 3 months for the consideration. Another condition is to file a reminder: if the administrative body does not make the decision within 30 days or does not justify the reasons for which the consideration has not been completed, you can file a complaint to the regional administrative court taking into account the amount of compensation.
The amount of compensation is determined by the composition of the judges who make a decision in the case.
Motli Business Consulting represents its clients in all the above procedures within the power of attorney. At the same time, we can boast of very high efficiency in obtaining decisions and compensation using the opportunities provided for by the Code of Administrative Offenses.
Complaint against the governor of province (wojewoda)
Complaint of inaction of the body or excessive case duration to the Regional Administrative Court.
A complaint of inaction of the body or excessive case duration is submitted to the Regional Administrative Court through the governor of province (wojewoda). The complaint is sent when, despite the previous reminder, the consideration is still ongoing. It should be noted that the possibility of filing a complaint of inaction or excessive duration to the Regional Administrative Court is regulated by the Code of Administrative Procedure, and the governor of province (wojewoda) has 30 days to hand over the foreigner’s documents to the Regional Administrative Court. If the case is extremely difficult, this period can be significantly extended up to 60 days. The body must provide information on whether there has been inaction of the administration or the specific action has taken too long. It should be added that the Regional Administrative Court may (at the request of one of the parties to the proceedings or directly) reach a verdict on the compensation to a foreigner for delay in making a decision.
Motli Business Consulting successfully filed more than 800 complaints, most of which led to a positive decision and financial compensation to the foreigner.
Complaint about the slow actions of the institution – what can it relate to?
Situations when the administrative body prolongs the consideration or does not take any actions. Complaints about the slow actions of the institution can be filed in the following cases:
- non-issuance of a certain document or its copy;
- missed deadline for issuance of
- work and residence permit for a foreigner;
- slow provision of public information
Reminder for a decision
Reminders are filed by one of the parties to an administrative offense. They are filed if the case has not been settled in time or the consideration lasts longer than it is necessary to settle the case.
It is the duty of public authorities to consider the case without undue delay (as soon as possible). This should be the case which can be considered on the basis of evidence provided by the party to the proceedings (for example, by an applicant).
In addition, cases that can be resolved on the basis of facts and evidence widely known or known to the body hearing the case should be settled without undue delay.
If the case requires an explanatory procedure, it must be completed no later than one month after the case initiation. If the case is difficult, it must be completed no later than two months after the case initiation. The deadline for the completion of appeal cases is one month from the receipt of appeal. If your case is resolved in simplified manner, it must be completed immediately, no later than one month after the violation.
In some cases, there may be specific laws governing the length of proceedings.