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Nikoghosyan and Others v Poland – 14743/17

Country Poland
Status FINAL
Court ECtHR
Relevant Law Article 5 (1)
Year 2022
Found for Applicant

The case concerned the family of six from Armenia and their automatic detention for six-months without an individualised assessment of their particular situation and needs. They had previously attempted to enter Poland from Ukraine on numerous occasions and they were summarily expelled. The Court refers to the practice.

The applicants complained also that the Polish Court did not hear them and had only relied on the information provided by the border guards upon making an assessment. Additionally, the Court stated that the domestic courts should have considered that that the first applicant was accompanied by his three minor children upon making a decision on detention. However, the Court neglected to mention that while in detention, the second applicant had given birth to her fourth child.