Key cases News Returns Supreme Administrative Court Returns procedural safeguards residence on humanitarian grounds violence, torture, inhuman or degrading treatment

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…
Children and youth Integration Key cases Migration News Returns Supreme Administrative Court Children and youth Integration Returns children` rights family life residence on humanitarian grounds

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…
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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…
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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…
Children and youth Detention Key cases News 2021 European Court of Human Rights Children and youth Detention children` rights family life gender-based violence

ECHR communicates case against Poland: the detention of a mother who suffered domestic violence with her children

For years, we have been fighting against the wrongful detention of children on grounds of immigration. This is never in the best interests of the child, and can cause long-term effects on their psycho-physical developmen…
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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…
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District Court in Olsztyn: a victim of violence may not be put in a detention centre

A migrant should be set free regardless of the reason why they have been placed in a detention centre, the type of violence to which they fell prey, and the exact place where and circumstances under which they suffered v…
Children and youth Key cases News Returns 2020 Border Police Children and youth Returns family life health residence on humanitarian grounds

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…