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…

Obligation to examine whether migrants in Belarus are at risk of torture and other inhumane treatment

Foreigners cannot be pushed into Belarus if they would be in danger of torture, inhuman or otherwise unacceptable treatment there. Neither a migration crisis nor illegal border crossings exclude the application of this p…

Information on the observance of human rights under the UN procedure of the Universal Periodic Review

Together with the Lambda Warsaw Organization and the Global Detention Project, the Association of Legal Intervention has submitted information on the observance of human rights under the UN Universal Periodic Review proc…

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 protection against expulsion of part of the family from Poland prevents the relocation of family life to another country.

The Commander of the Border Guard Post in Augustów, by decision of 3 December 2020, no. PD-AG/01/D-ZPH/2020, granted a humanitarian residence permit to a client of the Association for Legal Intervention, whose partner (w…

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: opinion of the Polish Border Guard’s psychologist could have led to the wrongful deportation of children

Private psychologist opinions indicated that, deportation to the country of origin would break peer ties that children had, not without a difficulty, established. It could lead to their loss of security and, in consequen…

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: Child’s best interest when a parent is suspected of being a threat to public security

Border Guard, in the procedure for granting residence permit for humanitarian reasons, must examine whether the obligation to return would not violate the right to family life and rights of the child, and whether the mig…

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…