Archiwa: 2023 - Association for Legal Intervention

NSA judgment: Consideration of case in closed session may lead to invalidity of proceedings

30 October 202330 November 2023

The Supreme Administrative Court (SAC), in its verdict II OSK 1927/22 NSA of June 29, 2023, overturned the verdict of the Provincial Administrative Court in Warsaw (PAC) challenged by our Association and referred the cas…

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 20235 June 2023

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…

Important amendments to the Act on Foreigners

12 April 202313 April 2023

On Thursday, March 9, the Polish Parliament (Sejm) passed an amendment to the Act on Foreigners – the Act of March 9, 2023 amending the Act on Foreigners and certain other acts. It was signed by the President and p…

We present our report to the EU Asylum Agency

24 March 202311 April 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 202311 April 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.…

Expulsions of foreigners suspected of terrorism or espionage: We intervene before the ECHR

24 March 202311 April 2023

More and more foreigners are considered a threat to security and are expelled from Poland for this reason. The European Court of Human Rights will verify whether this is in line with the European Convention on Human Righ…

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

24 March 202311 April 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…

Extremely dangerous Act on Foreigners sent to the President for signature

15 March 202311 April 2023

On Thursday, March 9, the Polish Parliament (Sejm) passed an amendment to the Act on Foreigners. The Act has been forwarded to the President for signature. During the legislative process, we submitted our numerous com…

What should be changed in the Special Act? We propose amendments

6 March 202311 April 2023

The Special Act, i.e. the law regulating the situation of Ukrainian citizens in the context of the Russian invasion, shows how to respond to humanitarian crises and related migrations. However, this is not a perfect law.…

Disturbing refusals of entry at the Ukrainian border

6 March 202311 April 2023

In the period from March to September 2022, on the Ukrainian section of the Polish border, the Border Guard issued 8,840 decisions on refusal of entry. For several months, as the Association of Legal Intervention, we…

The Special-purpose Act amendment has reached the Parliament – we are sending our comments to the MPs!

6 March 202311 April 2023

The government has adopted another amendment to the so-called Special-purpose Act – that is, the law regulating the situation of Ukrainian citizens and nationals who have fled to Poland from the war. The proposed a…