Anonymised Applicant v Chief Commandant of the Border Guard - IV SA/Wa 615/22

Poland

NA

Voivodship Administrative Court, Warsaw

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

2022

Applicant

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.

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