Z.S. v Commander-in-Chief of the Border Guard - II OSK 890/18
| Poland | NA | Supreme Administrative Court | 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 | 2018 | Applicant |
This case concerned a contested decision of the Commander of the Border Guard to refuse the applicant entry into Poland based solely on notes written by officers of the Border Guard, which claimed that the applicant was entering for economic reasons. These notes were taken during an interview with the applicant that was conducted at the border during which the applicant claims he expressed a desire to apply for international protection. The court ruled that the brief notes taken during this interview did not form a sufficient basis for the decision on whether to grant international protection, and that more thorough documentation was required. 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.
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