Poland

The present case concerns numerous refusals of the Polish authorities to examine the applicants’ requests for international protection, their denied entry to Poland and return to Belarus

13 October 2022 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Effective remedy - Entry / Exit - Expulsion - Freedom from torture, inhuman and degrading treatment | Countries: Belarus - Poland - Russian Federation

February 2022 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Court Interventions / Amicus Curiae

The applicants alleged that the Polish authorities had repeatedly denied them the possibility of lodging an application for international protection, in breach of Article 3 of the Convention. They also invoked Article 4 of Protocol No. 4 to the Convention, alleging that their situation had not been reviewed individually and that they were victims of a general policy that was followed by the Polish authorities with the aim of reducing the number of asylum applications registered in Poland. The applicants stated that, under Article 13 in conjunction with Article 3 of the Convention and Article 4 of Protocol No. 4 to the Convention, lodging an appeal against a decision denying someone entry into Poland did not constitute an effective remedy as it would not be examined quickly enough, would have no suspensive effect and would not be examined by an independent body. Moreover, the applicants complained that the Polish authorities had not complied with the interim measures granted to them by the Court, in breach of Article 34 of the Convention.

23 July 2020 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Access to procedures - Effective remedy - Expulsion - Freedom from torture, inhuman and degrading treatment | Countries: Belarus - Poland - Russian Federation

Relying in particular on Article 5 § 1 (f) (right to liberty and security), the applicants complained about their placement and retention in the closed centre for aliens, alleging, inter alia, that they were illegal. Violation of Article 5 § 1 f) – in respect of the applicant children, concerning their retention in the closed centre

26 March 2020 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Children's rights - Expulsion - Rejected asylum-seekers - Right to liberty and security | Countries: Germany - Poland - Russian Federation

15 September 2017 | Publisher: International Commission of Jurists (ICJ) | Document type: International Legal Instruments

Appeal against the decision of the Council for Refugees of 22 August 2003 No. RdU-449-1/S/2003.

28 May 2004 | Judicial Body: Poland: Provincial (Voivodship) Administrative Court | Document type: Case Law | Topic(s): Expulsion - Illegal entry - Well-founded fear of persecution | Countries: Poland - Sierra Leone

The detention of the applicants in the transit zone beyond the deadline for their expulsion was therefore declared contrary to Art. 5 para. 1 of the ECHR. The judgment is only available in French.

27 November 2003 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Deportation / Forcible return - Expulsion | Countries: Libya - Poland