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…

REPORT: SIP in Action. Rights of migrants in Poland in 2020

We would like to invite you to read the latest annual report summarising the year of the pandemic from the perspective of the rights of migrant women and men in Poland. In the Report: SIP in Action. Rights of foreigne…

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…

ECtHR: prohibition of removal to Tajikistan due to the risk of torture

Poland tried to take a shortcut by deporting un unwelcomed migrant. It violated international law. In this case no authority analyzed whether the deportation would put S.S. at risk of torture. Association for Legal In…

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: 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…

Decision: deportation could violate children`s rights

Deportation could violate children rights to the extent that threatens their psychophysical development. Children were in Poland for over five years. They fully integrated into the Polish society planning their future in…

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…