Key cases News Returns 2021 Head of The Office for Foreigners Supreme Administrative Court Voivodeship Administrative Court Detention Refugees Returns extradition

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…
Key cases News Returns 2021 Border Police Children and youth extradition family life family with multiple children residence on humanitarian grounds

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…
Detention Key cases News torture 2020 Regional Court Detention violence, torture, inhuman or degrading treatment

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…
Key cases News Returns threat to public security or safety torture 2020 Returns procedural safeguards violence, torture, inhuman or degrading treatment

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…
Children and youth Integration Key cases News Returns 2020 Border Police Children and youth children` rights residence on humanitarian grounds

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…
Children and youth Key cases News Returns 2020 Border Police Children and youth Returns children` rights family life residence on humanitarian grounds

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…
Children and youth Integration Key cases News Refugees 2020 Supreme Administrative Court Children and youth Integration children` rights welfare/housing

Judgment of the Supreme Administrative Court: Good Start Program (300+) to be granted to asylum seekers

The Supreme Administrative Court has confirmed that the 300+ benefit shall be granted to asylum seekers.  Unfortunately, due to the defectiveness of the regulations, such cases will have to be resolved by the courts…
Key cases Migration News delay inaction 2020 Voivodeship Administrative Court Migration procedural safeguards

Ruling: gross failure to act is not justified by the overburden of the administrative authority

In the situation of a significant exceeding of the deadline to issue a decision, the significant increase of the number of cases in the administrative authority cannot justify it. It is a gross failure to act. In two…
Children and youth Key cases News Returns 2020 Border Police Children and youth Returns children` rights family life residence on humanitarian grounds

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…
Key cases Returns ressidence on humanitarian grounds threat to public security or safety 2020 Head of The Office for Foreigners Returns family life residence on humanitarian grounds

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…