This case concerned a decision from the Commander of the Border Guard to order the expulsion of A. and O. (O. was an unaccompanied minor suffering from epilepsy and seeking international protection). A. and O. were intercepted about 60 miles from the Polish border and the Commander of the Broder Guard ordered their expulsion, but required that this order be executed immediately. Thus, the applicants were escorted back across the border before they had a chance to acquire legal counsel or apply for international protection. The court repealed the decision of the Commander of the Border Guard.
A. and O. v Commander of the Border Guard – II SA/Bk 558/22
Status Not final
Court Provincial Administrative Court, Bialsytok
Relevant Law Articles 303 (b)(1)-(3) in conjunction with 303 (1) (9A) of Act on Foreigners 2013, Articles 2, 34 (1) in conjunction with 30(1)of Code of Administrative Procedure, Articles 12 (1 and 2), 22 (1) UNCRC, Article 4 of Optional Protocol 4 ECHR
Found for Applicant