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 Poland, they speak Polish fluently and have almost no recollection of their country.
The Head of the Office for Foreigners granted a humanitarian stay for a family living in Poland for over five years (decision of 8 November 2019, no. DL.WIPO.412.2029.2018/KM). Their return could violate children rights. In this case the Supreme Administrative Court previously ruled in favor of the family.
The proceedings started in 2016. Administrative authorities, despite the evidentiary motion, did not hear minor children with the psychologist. Instead they issued a deportation decision for the whole family. This decision was appealed in courts. In the complaint it was highlighted that authorities did not analyze properly the impact of deportation on psychophysical development of children.
In the ruling of 29 August 2018, case no. II OSK 1041/18, the Supreme Administrative Court quashed the deportation decision. The court held that
the determination whether the return could violate children rights may require specialized psychological knowledge. It could therefore be necessary to appoint an expert psychologist who would assess whether the return to home country could violate children rights and significantly and negatively influence their development.
The Head of the Office for Foreigner examining the case once again, heard minor children in the presence of a psychologist. He determined that the return of children to their country would violate children’s rights’ to the extent significantly threatening their psychophysical development. The family was granted humanitarian stay in Poland. During their five years stay in Poland children fully integrated into the Polish society planning their future in Poland, they speak Polish fluently and have almost no recollection of their country.
The Association for Legal Intervention was a part to the court and administrative proceedings. The association was represented by the legal counsel Magdalena Sadowska.