No birth certificate of great-grandfather
The Mazovian Voivode, by decision of 30 August 2019, No. WSC-I.6122.1107.2018, based on art. 55 section 1 of the Act of 2 April 2009 on Polish citizenship (Journal of Laws of 2018, item 1829, as amended), hereinafter referred to as "u.o.", refused to confirm the applicant's possession of Polish citizenship due to the failure to submit documents confirming the possession of Polish citizenship by the applicant's great-grandfather. This decision was "upheld" by the Minister.
The applicant was requested to submit: the birth certificate of the great-grandfather and documents confirming that the above was registered or had the right to be registered in the registers of the permanent population of the former Kingdom of Poland. The applicant emphasized that the birth certificate of the great-grandfather could not be submitted for objective reasons. He submitted evidence showing that this document does not exist and therefore its submission by the applicant is impossible to meet and at the same time he offered other evidence allowing to determine the place of birth of the ascendant. Documents containing information were submitted to the files containing information that either the birth certificate of such a person does not appear (Civil Registry Office in T. in a letter dated 17 June 2015) or there is no record of the registry books (State Archive in B. in a letter dated 19 June 2015). Therefore, the applicant attempted to obtain a civil status certificate of the ascendant, which for reasons beyond his control proved ineffective. At the same time, he submitted a number of documents produced in the United States after the arrival of his great-grandfather in this country and demonstrated that their content indicates that the ascendant was born in the territory of the Polish State and acquired this citizenship.
It is a fact that circumstances concerning civil status, including birth and entering into a marriage, should be proven by means of civil status records. According to art. 3 p.a.s.c. civil status records constitute the exclusive evidence of the events stated therein; their inconsistency with the truth may be proven only in court proceedings. However, taking into account that Article 56 sec. 2 in fine of the Civil Status Act allows for a departure from this rule, in the circumstances of a specific case concerning confirmation of Polish citizenship it is possible to depart from the absolute obligation to submit a birth certificate. In exceptional circumstances, civil status may also be proven using evidence other than civil status records (see, for example, judgments of the Supreme Administrative Court of 7 April 2016, reference number II OSK 1927/14 and of 14 December 2015, reference number II OSK 1154/17). One of the events stated in a birth certificate is the place of birth. In view of the above thesis that even civil status may be proven not only by a civil status record, then the place of birth as one of the elements of a birth certificate may also be proven by other evidence. Such a special circumstance, sufficiently demonstrated in this case, is the impossibility of obtaining a birth certificate. While it turned out to be possible in the case of the great-grandfather's father and great-grandfather's brothers, it was impossible in the case of the great-grandfather. It also results from the letter of the State Archive in B. of 15 June 2018 that the archive - as regards the records of residents of T. - contains archival units from 1904, 1913 and 1917.
Ultimately, in the judgment of 12 June 2024 (II OSK 1184/21), the Supreme Administrative Court stated that the circumstances concerning marital status, including birth and entering into a marriage, should be proven by means of civil status records. According to art. 3 p.a.s.c. civil status records constitute exclusive evidence of the events stated in them; their inconsistency with the truth can only be proven in court proceedings. However, taking into account that Article 56 sec. 2 in fine of the Act of 2009 on Polish Citizenship allows for a departure from this rule, in the realities of a specific case concerning confirmation of Polish citizenship, it is possible to depart from the absolute obligation to submit a birth certificate. In exceptional circumstances, marital status may also be proven by means of evidence other than civil status records.
It is necessary to thoroughly re-assess the documents submitted by the party in terms of content covering the place of birth of the great-grandfather and to undertake additional activities within the principle of officialdom. At the same time, it is difficult to determine what exactly these activities will be and to which entities they will be addressed. Historical, geographical and cultural knowledge is essential here. The purpose of administrative proceedings is to seek to clarify the objective truth (Article 7, Article 80, Article 76 § 1 and Article 77 § 1 of the Code of Administrative Procedure). As already indicated, in accordance with Article 75 § 1 of the Code of Administrative Procedure. Anything that may contribute to clarifying the case and is not contrary to the law should be admitted as evidence.
