Legislator Case Law & Legislation
II UKN 127/00 AI generated

Supreme Court quashes social security court ruling for failing to conduct evidence proceedings on repatriant status under citizenship law.

Case Number II UKN 127/00
Court / Authority
Jurisdiction Poland (PL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court quashed the appellate court's decision denying the applicant's pension claim due to an alleged failure to recognize her as a repatriant. The applicant argued she was a Polish national by birth or descent who moved to Poland with a residence permit, while the lower court incorrectly applied citizenship acquisition rules based solely on marriage. The Supreme Court ruled that the lower court lacked authority to make arbitrary factual determinations without evidence and must conduct proceedings to verify the specific circumstances of her arrival and intent to settle permanently.

Legislator headnote

AI generated

Art. 12 ust. 2 ustawy o obywatelstwie; Art. 3931 KPC: The court must conduct evidence proceedings to determine factual circumstances regarding repatriant status; a ruling based on an arbitrary assessment of facts without such proceedings constitutes a violation of the law and requires quashing.

Keywords

AI generated
repatriant status determination citizenship acquisition rules social security pension claim evidence proceedings requirement arbitrary factual assessment Supreme Court cassation residence permit holder

Cited Legislation

AI generated
Art. 12 ust. 2 ustawy z dnia 15 lutego 1962 r. o obywatelstwie polskim
Art. 3931 KPC
Art. 39313 § 1 KPC

Cited Case Law

AI generated

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