The Principle of Non-Refoulement on the Polish-Belarusian border

The circumstances that make it possible to derogate from the provisions of the return directive and the return obligation procedure must be strictly demonstrated. Regardless, the principle of non-refoulement must be appl…

Judgement: deportation can’t create a risk of torture

The Supreme Administrative Court recalls that even in the deportation of a person suspected of terrorist activities, it should be examined whether their return to their country of origin would not violate fundamental hum…

Supreme Administrative Court: parents’ violation of the immigration law does not exempt the authorities from examining whether deportation would violate the child’s rights

On May 5, 2022, the Supreme Administrative Court (ref. II OSK 1182/21) issued a judgment in a cassation complaint by the Association for Legal Intervention. The case concerned the obligation to return of a Pakistani nati…

Does a migrant have the right to a lawyer ex officio in deportation proceedings?

The Supreme Administrative Court refrained from making a decision whether, in the light of the European law on the obligation to return, a migrant should have access to a lawyer ex officio and also what are the legal con…

Judgment of the Supreme Administrative Court: Good Start Program (300+) to be granted to asylum seekers

The Supreme Administrative Court has confirmed that the 300+ benefit shall be granted to asylum seekers.  Unfortunately, due to the defectiveness of the regulations, such cases will have to be resolved by the courts…