This case concerned a contested order from the Polish Border Guard Post in Kuznica to remove the applicant, a Syrian national, from Poland before he could claim international protection. The order and the subsequent upholding of the order several months later were found to be issued in violation of procedural rules that could affect the outcome of the case, and therefore the complaint against them was upheld.
Anonymised Applicant v Chief Commandant of the Border Guard – IV SA/Wa 615/22
Country
Poland
Status
Final
Court
Voivodship Administrative Court, Warsaw
Relevant Law
Article 303b (1)-(3) in conjunction with Article 303 (1)(9a) of Act on Foreigners 2013, Article 2(2) of Regulation (EU) 2016/399 , Articles 7, 75(1), 107(3) in conjunction with 126, 8 of Code of Administrative Procedure, Articles 80, 77(1) of Code of Administrative Proceedings, Articles 86, 67(2), 10 of Code of Civil Procedure, Articles 119(3), 120, 133(1), 200, 205(2) of Law on Proceedings before Administrative Courts
Year
2022
Found for
Applicant