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…
Key cases Refugees evidence procedural guarantees Refugee Board 2019 Voivodeship Administrative Court Refugees procedural safeguards violence, torture, inhuman or degrading treatment

Voivodeship Administrative Court: evidence needs to be properly reviewed

The Refugee Board has completely failed to take into account evidence presented by a party pertaining to his political activity and to the treatment of members of the Islamic Renaissance Party of Tajikistan at the hands…
Children and youth Key cases Returns 2019 Border Police Head of The Office for Foreigners Children and youth Returns children` rights residence on humanitarian grounds

Decision: deportation could violate children`s rights

Deportation could violate children rights to the extent that threatens their psychophysical development. Children were in Poland for over five years. They fully integrated into the Polish society planning their future in…
Key cases Refugees stay of execution 2019 Voivodeship Administrative Court Returns procedural safeguards stay of execution of a decision

Voivodship Administrative Court: stay of the execution of the asylum decision

The ruling of 17 July 2019, no. IV SA/Wa 1457/19, of Voivodship Administrative Court in Warsaw was based on Article 46 (5) of the procedural directive (2013/32/EU). The court highlighted the necessity to stay the executi…
Key cases Refugees Returns torture 2019 Refugees Returns violence, torture, inhuman or degrading treatment

ECtHR: prohibition to deport a person suspected of supporting terrorist due to the risk of torture in Russia

The Association for Legal Intervention provided legal assistance to a Chechen national, N.M., who was to be deported to Russia. In case of his deportation there was a serious suspicion that he could fall victim of tortur…