A deportation from Poland can be challenged, and in the case described this succeeded while the foreign national was still on Polish territory. The basis was that the violation was not intentional: the applicant fell asleep on a train and travelled as far as Frankfurt without documents, and her visa had already expired by then. A deportation can also be cancelled when the violation was not the foreigner’s fault and there are no criminal or administrative problems.

What the Situation Looked Like

The applicant lived near Zielona Góra, almost at the German border. Returning home after a shift, she fell asleep on a train and travelled as far as Frankfurt. By then her visa had already expired, and she did not have documents for travel within the EU with her.

In Germany she was stopped by the police and then handed over to border guards. They issued a decision on the spot, without further consequences, to deport her from the Schengen Area. Afterwards the German side contacted Poland, and when she arrived, Polish border guards confirmed the deportation, citing a violation of the right of stay in the Schengen Area.

How the Decision Was Challenged

Because the applicant did not commit the violation intentionally, a complaint was filed, and the deportation was cancelled. A refusal then followed after the border service’s review: it stated that she had been deported from the Schengen Area and therefore her residence status should be refused.

This decision was also challenged. According to the material, the case remains active and is considered quite complicated. The sequence was as follows: first an appeal to the border service, then, when the refusal came from the office for foreigners, an appeal there, and in the case, as the material states, also to court. After the office was notified that the deportation had been cancelled, the residence card case was resumed after the negative decision, under the same number; it remains active.

When It Is Possible to Challenge a Deportation

A deportation can be challenged even when the foreigner has already left Poland, but in the case described the decision was appealed while the applicant was still in the country.

The material also describes a common scenario: an employer arranged fictitious permits, and the foreigner was found to be working illegally, although he did not know this, since the documents were handed to him. In such cases the deportation was sometimes set at three months, six months, or one year. The foreigner leaves the country, and after half of the deportation period has passed, for example three months of a six-month term, the decision can be challenged, provided there are no criminal matters.

The outcome of each case depends on the grounds for the decision. If the violation is linked to administrative or criminal problems, the chances of success, according to the material, are low. If there is nothing wrong administratively, there is a chance to have the deportation cancelled and then re-enter without difficulty. Under the visa-free regime, there should in principle be no problems with this.

A Polish railway station, passengers with bags at a commuter train platform

Re-Entry After a Completed Deportation

If the deportation has already been carried out, there should be no problems at entry: the term has ended, and entry is possible. In the example described, a person from Moldova who was given a deportation for submitting documents after the end of the legal period of stay served it, later returned, submitted documents again, and the procedure went through without complications.