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A.D. v Commander of the Border Guard Outpost in M. – II SA/Bk 492/22

Country Poland
Status Final
Court Regional Administrative Court, Bialystok
Relevant Law Articles 289(1), 296(1)(1), 302(1)(1) and (1)(10) of Act on Foreigners 2013, Articles 26(3), 28(1) of Act on Granting Protection to Foreigners within the Territory of the Republic of Poland 2003, Article 4 of Protocols 1 and 4 ECHR, Article 13 of ECHR, Article 33(1) of Geneva Convention relating to the Status of Refugees 1951, Articles 7, 87(1), 91(1)-(3), 56(1) of Constitution of the Republic of Poland 1997, pairs 3(2) of Regulation of the Minister of the Interior and Administration on Temporary Suspension of Limitation of Border Traffic at Certain Border Crossings (Republic of Poland, 2020), Article 16(3)(2) of Act on the Protection of the State Border (Poland, 1990)
Year 2022
Found for Applicant

This case concerned a contested order from the Commander of the Border Guard which resulted in the pushback of an Iraqi citizen, A.D., to the state borderline. The court ruled that the order was ineffective and that the Commander must reimburse the applicant for the cost of court proceedings.