The Association for Legal Intervention joins cases before administrative courts regarding the protection of rights rightly acquired by refugees.
In connection with the ongoing COVID-19 epidemic, provisions have been introduced which entitle persons whose refugee procedure ended during the epidemic or state of epidemic threat to receive social assistance and medical care until the expiry of 30 days following the date of cancellation of this state (state of epidemic threat or state of epidemic threat), which was in force last (Article 15z8 of the Anti-Crisis Shield). The purpose of such a solution was providing one of the groups particularly vulnerable to exclusion and discrimination – persons applying for international protection – with social and medical support during the epidemic resulting in increased difficulties in securing their basic needs.
By amending the Anti-Crisis Shield, this standard was repealed and from April 15, 2022, refugees ceased to receive the previously promised support. In the opinion of the Association for Legal Intervention, this violates the constitutional principle of protection of rightfully acquired rights.
“The people we support have met all the conditions provided for by the regulations that entitled them to an extended period of support. They planned and implemented their plans, acting in confidence in the state and applicable regulations. The repeal of these regulations overnight changed their life situation in a very negative way. Often, without the right to take up employment, they were left without any support enabling them to live in dignity.”
says Advocate Małgorzata Jaźwińska –
“Such a situation is irreconcilable with the constitutional principle of a democratic state ruled by law, including the protection of rightfully acquired rights.”
In the opinion of the Association for Legal Intervention, the repeal of the indicated norm is not justified by a change in the actual situation of refugees. On the contrary, due to rising inflation and the war in Ukraine, people who applied for protection in Poland find it even more difficult to meet their basic needs without state aid.
In the indicated cases, the Association of Legal Intervention is represented by Advocate Małgorzata Jaźwińska and trainee legal adviser Zuzanna Kaciupska.