Case Law

Final judgment: 15 February 2006. Similar to: Niedzwiecki v. Germany, Final judgment of 25 October 2005, Appl. No. 58453/00 Facts: The applicants in both cases are immigrants, in possession of residence permits for exceptional purposes. Their requests for child benefits were rejected as they were not in possession of unlimited residence permits or provisional residence permits, as required by law. In the Niedzwiecki case all appeals in the domestic proceedings were rejected. In the Okpisz case the applicant?s appeal was suspended after the Social Court of Appeal had referred some pilot cases to the Federal Constitutional Court. In a judgment of 6 July 2004 the Federal Constitutional Court found that the different treatment of parents who were and who were not in possession of a stable residential permit lacked sufficient justification. After that decision, the applicant?s appeal was again suspended pending the amendment of the applicable legislation. Complaint before the Court: The applicants complained that the German authority?s refusal of child benefits amounted to discrimination in violation of Article 14 ECHR in conjunction with Article 8 ECHR. Legal Argumentation: The Court held that granting child benefits come within the scope of respect for family life as guaranteed in Article 8 ECHR and therefore Article 14 ? taken together with Article 8 ECHR ? is applicable. The Court found no ?objective and reasonable justification? for the applicants to be treated differently (para. 32 of Niedzwiecki v. Germany and para. 33 of Okpisz v. Germany) Therefore the Court found a violation of Article 14 ECHR in conjunction with Article 8 ECHR.

25 October 2005 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Residence permits / Residency | Countries: Germany - Poland

3 May 2005 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Decision on admissibility | Countries: Belarus - Poland

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29 December 2004 | Judicial Body: Poland: Court of Appeal | Topic(s): Extradition | Countries: Poland - Russian Federation

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 | Topic(s): Expulsion - Illegal entry - Well-founded fear of persecution | Countries: Poland - Sierra Leone

Appeal against the decision of the Council for Refugees of 28 March 2003 No. Rdu-195-1/S/03.

28 April 2004 | Judicial Body: Poland: Provincial (Voivodship) Administrative Court | Topic(s): Religious persecution (including forced conversion) - Well-founded fear of persecution | Countries: Nigeria - Poland

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 | Topic(s): Deportation / Forcible return - Expulsion | Countries: Libya - Poland

On appeal from the High Court Queen's Bench Division (Administrative Court). In the matter of an application for permission to apply for judicial review.

7 April 2003 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Countries: Poland - United Kingdom of Great Britain and Northern Ireland

5 December 2002 | Judicial Body: Council of Europe: European Court of Human Rights | Countries: Libya - Poland

Translation by UNHCR Branch Office in Warsaw.

10 September 2002 | Judicial Body: Poland: Department of Refugee and Asylum Proceedings | Topic(s): Aliens - Voluntary repatriation | Countries: Lebanon - Poland