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J.S. v Commander-in-Chief of the Border Guard – II OSK 345/18

Country Poland
Status Final
Court Supreme Administrative Court
Relevant Law Article 34(1)-(2) of Act on Foreigners 2013, Articles 67(1)-(2), 68 of Code of Administrative Procedure 1960, Article 184 of Law on Proceedings before Administrative Courts 2002
Year 2018
Found for Applicant

This case concerned a contested decision of the Commander of the Border Guard to refuse the applicant entry into Poland based solely on a memo written by officers of the Border Guard. An inquiry was conducted at the border during which the applicant claims he expressed a desire to apply for international protection. Throughout this inquiry, a short memo was the only evidence gathered by the authorities. The applicant claimed that this inquiry and the first instance evidence gathered were not sufficient to form the basis of the deicions to deny him entry, and that the authorities should have conducted an thorough interview with a reliabily obtained record of the applicant’s answers and the documents on his person. The court dismissed the arguments of the Border Guard and ruled in favour of the applicant, ordering the administrative authorities to re-evaluate the case.