Pursuant to Article 33b(1) of the Act on Granting Protection to Foreigners, which provides for a temporary restriction on the right to apply for international protection in cases of instrumentalisation of migration at the Polish-Belarusian border, on 12 November 2025, the Commander of the Warmian-Masurian Branch of the Border Guard in Kętrzyn refused to accept an application for international protection submitted by P.N., whose nationality was not disclosed. The applicant subsequently sought an interim measure before the Voivodeship Administrative Court in Olsztyn, requesting the suspension of the execution of the refusal to accept his application for international protection. The court rejected the request on 4 February 2026, following which the applicant lodged an interlocutory appeal before the Supreme Administrative Court (SAC), seeking the same interim measure.

SAC upheld the challenged decision, reasoning that a refusal to accept an application for international protection does not, in itself, impose any obligation on the applicant, such as an obligation to leave the country, and therefore does not fall within the scope of Article 61(3) of the Law on Proceedings before Administrative Courts. The provision concerns the suspension of the execution of an act as a means of protecting the applicant against the consequences of the challenged act, rather than the consequences of other acts. SAC therefore held that it was not necessary in this case to take into account the right to remain in the territory pursuant to Article 46(5) of the recast Asylum Procedures Directive, since only a return decision has the effect of removing a foreigner from the country and is subject to compulsory enforcement. It is in relation to such a decision that the court may suspend its execution.

SAC further held that the eventual annulment by the administrative court of the refusal to accept the application may lead to a finding that the application was accepted, but that such an outcome cannot be achieved through an interim request to suspend the execution of the refusal.