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…

ECHR communicates case against Poland: the detention of a mother who suffered domestic violence with her children

For years, we have been fighting against the wrongful detention of children on grounds of immigration. This is never in the best interests of the child, and can cause long-term effects on their psycho-physical developmen…

Decision: the protection against expulsion of part of the family from Poland prevents the relocation of family life to another country.

The Commander of the Border Guard Post in Augustów, by decision of 3 December 2020, no. PD-AG/01/D-ZPH/2020, granted a humanitarian residence permit to a client of the Association for Legal Intervention, whose partner (w…

Decision: the family of a seriously ill person should not be deported

If the family of a seriously ill migrant was to be forced to return to their home country, it would infringe that migrant’s right to family life and personal life, particularly if a member of that family needs to be cons…

Decision: Religious relationships constitute a family life.

Common raising children from a previous partner’s relationship and remaining in a religious (Muslim) relationship with her entitles to obtain a humanitarian residence permit in Poland in order to protect the right to fam…

Decision: Identification with Polish culture prevents from deportation

Issuing a return decision for a family could have significant impact on the development of children who are fully integrated and identify with Polish society and its culture. Protecting children’s rights, as well as thei…

Decision: Child’s best interest when a parent is suspected of being a threat to public security

Border Guard, in the procedure for granting residence permit for humanitarian reasons, must examine whether the obligation to return would not violate the right to family life and rights of the child, and whether the mig…

Decision: re-socialized migrant is not a threat to public security or safety

A father of four, who was successfully re-socialized, is not a threat to public security or safety eight years after the commitment of crimes. His deportation would be an unjustified interference in his right to a family…