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A criminal conviction is not enough to recognize that a foreigner is a threat and refuse protection

The Council for Refugees and the Office for Foreigners confirm that the mere fact of a conviction in a criminal case is not enough to recognize that a foreigner poses a threat to the security of the state or society and,…
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Obligation to examine whether migrants in Belarus are at risk of torture and other inhumane treatment

Foreigners cannot be pushed into Belarus if they would be in danger of torture, inhuman or otherwise unacceptable treatment there. Neither a migration crisis nor illegal border crossings exclude the application of this p…
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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…
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The Voivodship Administrative Court (WSA) Ruling: Obligation to translate instructions for refugees

During the refugee procedure, foreigners should be informed in a language which they understand about the obligation to appear at the interview and the consequences of their failure to appear. The obligation to translate…
Migration delay inaction request for urgent consideration of a case template 2020 Head of The Office for Foreigners Voivodeship Administrative Court Migration procedural safeguards

Have you been waiting for a decision too long? Act on it!

Your application for a residence permit is being considered far too long?  You are entitled to hurry up the office that is examining your case if you have not received a decision within 2 months from submitting t…
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Ruling: gross failure to act is not justified by the overburden of the administrative authority

In the situation of a significant exceeding of the deadline to issue a decision, the significant increase of the number of cases in the administrative authority cannot justify it. It is a gross failure to act. In two…
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Voivodeship Administrative Court: evidence needs to be properly reviewed

The Refugee Board has completely failed to take into account evidence presented by a party pertaining to his political activity and to the treatment of members of the Islamic Renaissance Party of Tajikistan at the hands…
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Voivodship Administrative Court: stay of the execution of the asylum decision

The ruling of 17 July 2019, no. IV SA/Wa 1457/19, of Voivodship Administrative Court in Warsaw was based on Article 46 (5) of the procedural directive (2013/32/EU). The court highlighted the necessity to stay the executi…