Cases in which the issued decision on obliging the foreigner to return cannot be executed

A decision on imposing the return obligation to his/her country of origin shall not be issued to a foreigner if:

1) there are pending proceedings involving the foreigner on granting refugee status, or

2) there are pending proceedings on granting the foreigner a residence permit for humanitarian reasons, a tolerated stay permit or the permit referred to in Article 176 or Article 181(1) of the Act of 12 December 2014 on Foreigners, or

3) the foreigner has been granted a residence permit for humanitarian reasons or a permit for tolerated stay, or there are reasons to grant him/her such a permit, or

4) the foreigner resides within the territory of the Republic of Poland on the basis of
a Schengen visa that authorises him/her to enter only the territory of the Republic of Poland and that was issued for the purpose referred to in Article 60(1)(23), or the permit referred to in paragraph 181(1), or

5) the foreigner resides within the territory of the Republic of Poland on the basis of a certificate referred to in Article 170, or

6) the foreigner is a spouse of a Polish citizen or a foreigner holding a permanent residence permit or a long-term resident’s EU residence permit within the territory of the Republic of Poland and it is not in breach of national defence or national security or public safety and order, unless the purpose of marriage or of its existence is to circumvent this Act, or

7) a preventive measure in the form of a prohibition to leave the country has been ruled against the foreigner in the Republic of Poland.

Provision of Paragraph 1(1) shall not apply if the foreigner has submitted another application for refugee status.