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…
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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…