On 20 September 2024, the Head of the Office for Foreigners issued a decision withdrawing A.S.'s refugee status, whose nationality was not disclosed. The beneficiary appealed to the Refugee Board, which, on 27 August 2025, upheld the withdrawal decision, and subsequently lodged a complaint with the Voivodship Administrative Court in Warsaw. In his complaint before the administrative court, the applicant requested the interim suspension of the challenged decision pending the outcome of the appeal, which was not granted.

The applicant filed an interlocutory appeal before the Supreme Administrative Court (SAC), requesting the interim suspension of execution of the withdrawal decision. SAC upheld the appeal, finding that Article 61(3) of the Law on Proceedings before Administrative Courts provides for the partial or total suspension of the execution of decisions where there is a risk of substantial harm or effects that are difficult to reverse, in order to provide temporary protection against negative and irreversible effects that the execution of such a decision could cause before its legality is examined by the administrative court.

SAC recalled that Article 46(5) of the recast Asylum Procedures Directive (APD), as part of the right to an effective remedy, grants applicants the right to remain in the territory until the time limit for exercising their right to an effective remedy has expired or until the remedy has been decided.

SAC reasoned that this protection also applies to decisions withdrawing international protection under Article 45 of the recast APD, pursuant to Article 46(1)(c) of the recast APD. SAC further held that this is now provided for in Article 68(2) of the Asylum Procedures Regulation, which establishes that “applicants and persons subject to withdrawal of international protection shall have the right to remain on the territory of the Member States until the time limit within which they can exercise their right to an effective remedy before a court or tribunal of first instance has expired and, where such a right has been exercised within the time limit, pending the outcome of the remedy”. SAC found that this provision unequivocally covers proceedings before the Voivodship Administrative Courts and, accordingly, suspended the execution of the withdrawal decision pending the outcome of the proceedings.