Archiwa: Detention - Association for Legal Intervention

Supreme Court to clarify rules on detention of migrants

8 September 20238 September 2023

The detention of refugees does not have a “repressive function, nor is its purpose to protect the borders of the Republic of Poland or the external borders of the European Union, or indeed to combat the problem of illega…

The Court: detention should always be a solution of last resort

19 June 202319 June 2023

The Regional Court in Olsztyn (decision of April 3, 2023, ref. no. VII Kz 150/23), decided to release a Sri Lankan refugee from a guarded centre for migrants. We filed a Friend-of-the-Court (amicus curiae) opinion in thi…

Supreme Court: Compensation for detention independent of migrant’s culpability

19 June 202319 June 2023

The culpability of a migrant by, for example, leaving Poland illegally does not affect whether he or she is authorised to receive compensation for placement in a guarded centre. Moreover, the mere illegal departure from…

Compensation for wrongful detention of a post-violence family of three

19 June 202319 June 2023

Courts cannot invoke considerations of procedural promptness to fail to make key findings regarding the migrant’s experience of violence or the impact of detention on the child’s welfare. Furthermore, when th…

Inaction of the Commander-in-Chief of the Border Guard in the reception of an application for international protection

13 June 202313 June 2023

The Provincial Administrative Court (PAC) confirmed that the maximum time limit for accepting an application for international protection from a migrant is 3 working days. The same rules apply to migrants placed in guarded centres.

Another case of illegal push-back communicated to Poland

5 June 202327 February 2024

The European Court of Human Rights has communicated to Poland another case concerning illegal deportations on the Polish-Belarusian border and arbitrary detention in guarded centers for foreigners. The European Court…

Appeal to Polish authorities to provide assistance to Afghans

11 April 202311 April 2023

For several days now, the eyes of the world have been focused on Afghanistan, where an unprecedented seizure of power by the Taliban has taken place. We are witnessing dramatic scenes at airports, as thousands of people…

We present our report to the EU Asylum Agency

24 March 202314 December 2023

The European Union Agency for Asylum (EUAA) is an EU agency that provides operational and technical support to Member States in the field of international protection, as well as training to Member States’ asylum au…

Complaining Poland for detention of diseased foreigner after violence

24 March 202314 December 2023

The case concerns an Egyptian national who spent more than six months in a guarded detention centre for foreigners in connection with pending procedures for an obligation to return and then for international protection.…

Lack of medical assistance for foreigners in the guarded center for foreigners

24 March 202314 December 2023

We contacted the authorities of the guarded center in Lesznowola in connection with the lack of medical assistance for a striking foreigner. We contacted the authorities of the guarded center in Lesznowola in connecti…

CJEU: Declaration of State of Emergency Cannot Deprive of Right to Asylum

3 November 202211 April 2023

The CJEU has ruled that Lithuania’s suspension of the possibility to apply for asylum on the grounds of illegal border crossing is incompatible with EU law. This case is also relevant for Poland.

We submit a complaint to the ECtHR against unlawful detention of a family with a child

27 September 202215 December 2023

The Association for Legal Intervention has already filed another complaint to the European Court of Human Rights about illegal detention of a family with a minor child. The case concerns a married couple with a child…

We ask for compensation for unlawful detention for a family from Afghanistan

4 August 202215 December 2023

SIP represents foreigners in a case for compensation for unjustified stay in guarded centers for foreigners. The family from Afghanistan (parents with three children) spent a total of 97 days in detention. Foreigners…

Nikoghosyan v Poland – decision with no (major) surprises

19 July 202211 April 2023

Facts The facts of the Nikoghosyan and others versus Poland case reflect long-standing practices resorted to by the Polish Border Guard and Polish courts which violate Polish law and internati…

SIP files a complaint against the refusal to admit psychologists to guarded centres

1 July 202211 April 2023

Despite the overcrowding and the deteriorating situation in guarded centres for foreigners, including the inability to provide adequate psychological assistance to those detained there, the Border Guard refuses to provid…

We present our comments to the European Commission Against Racism and Intolerance

22 June 202211 April 2023

As part of the Council of Europe, the European Commission Against Racism and Intolerance (ECRI) prepares reports and recommendations on the fight against racism, discrimination, xenophobia, anti-Semitism and intolerance…