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 constantly looked after.

Under decision no. NW-WW/185/D-ZPH.2019 of 25th August 2020, the Commandant of the Warsaw Division of Polish Border Guard extended the right of stay in Poland for humanitarian reasons to a citizen of Ukraine and her underage son. She has been living in Poland for 18 years and has managed to establish strong social and family bonds here. Her son was born in Poland and has lived here his entire life. He speaks fluent Polish. He has made many friends in Poland and is an apt student.

Due to the migrant’s partner having fallen seriously ill, she had to quit her job in Poland so as to be able to look after him.

The Association for Legal Intervention (SIP) has demonstrated that if she was to be forced to return to her home country, this would infringe her family’s right to family life and personal life, as well as the rights of the son. It was also pointed out that the migrant’s partner was allowed to stay in Poland for humanitarian reasons so his entire family should also be granted such rights in order to ensure that the family remains intact.

The Commandant of the Warsaw Division of the Border Guard acknowledged and accepted the opinion of the Association for Legal Intervention (SIP) and concluded that if the migrant and her son were forced to leave Poland, it would infringe their rights to personal and family life, as well as, in the case of the son, the rights of the child to an extent posing a threat to his further physical and mental development. The Border Guard took the family’s difficult financial situation, their long-term stay in Poland, their connection with Poland, and the need to protect the best interests of the child into account.

In the course of the relevant administrative proceedings, the Association (SIP), in its capacity of a social benefit organisation allowed to take part in the proceedings, was represented by Olga Dobrowolska, lawyer.