Abstract
The case concerns the suspension of the implementation of a decision on refusal of international protection.
The Supreme Court considering that the Polish provisions on granting international protection do not explicitly provide for the right to stay of a foreigner applying for international protection in proceedings before the court of first instance, rules that the fulfillment of the obligation under Art. 46 ust. 5 of the procedural directive 2013/32, must take place through the decision of the administrative court to suspend the execution of the decision on refusal of international protection. The granting of temporary protection in the case of international protection will guarantee the foreigner the right to an effective judicial remedy within the meaning of art. 46 ust. 3 of the procedural directive 2013/32. Suspension of the implementation of the decision to refuse international protection consists in suspending the legal effect of the decision.
Country of Decision
Poland
Court Name
PL: Supreme Administrative Court [Naczelny Sąd Administracyjny]
Case Number
II OZ 1239/18
Date of Decision
20/12/2018
Keywords
Second instance determination / Appeal