Situations when the Head of the Office may consider that a foreigner has withdrawn their application are presented below.
- made a declaration on application withdrawal,
- failed to report to the centre within 2 days after the receipt of the application by the authority receiving the application and did not provide another address where he or she is staying,
- failed to report to the centre within 2 days after the release from the guarded centre for foreigners or the arrest for foreigners in case the Head of the Office for Foreigners did not ordered him or her to stay in a specific place or town and the applicant did not provide another address,
- left and did not return to the centre for asylum-seekers for more than 7 days without a justification,
- left place of staying or town specified in the Head of the Office for Foreigner’s decision to release from the guarded centre or the arrest for foreigners without the Head of the Office for Foreigner’s permission or does not report to an institution specified in the decision in determined timing,
- left the territory of the Republic of Poland,
- failed to appear for the interview and, within 7 days of the date set for the interview, did not provide evidence that their failure to meet this obligation was caused by circumstances beyond their control.
In the above cases, the Head of the Office shall issue a decision on discontinuing the proceedings if the discontinuation is not contrary with social interest. In specific cases the proceeding may be discontinued also in the part concerning other people on behalf of whom the applicant is acting.
An appeal against the decision issued because of submitting the application withdrawal declaration shall be lodged within 5 days from the date of delivery.
In case the applicant declares to the Head of the Office in writing within 9 months from the date of issuing the decision on discontinuing the international protection proceeding that he or she still wishes to apply for international protection, the decision on the discontinuation ends by law on the day of receiving the declaration by the institution. The declaration of willingness to still apply for the international protection cannot be lodged more than once. Such declaration may be lodged to the Head of the Office through the chief of the Border Guard unit or outpost. The Border Guard institution which received the foreigner’s declaration passes it to the Head of the Office within 48 hours from the moment of receiving it.
Upon the applicant’s request made within two years of the date of the decision on discontinuing the proceeding, the decision on the discontinuation shall be withdrawn, and the proceeding shall resume (the actions taken during the discontinued proceeding shall remain valid).