Indicator history

There is no evidence that migrants/minorities face disproportionate problems in accessing justice.

There is no evidence that migrants/minorities face disproportionate problems in accessing justice.

However the foreigners applying for a refugee status encounter problems with executing their right to go to court in a situation when, having received a negative decision obliging them to leave the territory of the Republic of Poland, they lodge a complaint at Voivodship Administrative Court. In many cases, before they have time to prosecute the final decision on the denial of granting them the status of a refugee or before the above mentioned court processes their case, they are deported from Poland. Such an action of the border guards violates their constitutional right to go to court as well as the European Union law concerning the persons in need of international protection. Such a practice makes it unable too, for administrative courts, to control efficiently the decisions of administrative organs issued within refugee proceedings. At the same time, the practice violates the constitutional principle of check and balance, and questions the importance of court power.

Source:

• Helsińska Fundacja Praw Człowieka, 3.12.2012, Wydalenie cudzoziemca może naruszyć jego prawo do sądu (Deportation of a foreigner may violate his or her right to go to court), http://programy.hfhr.pl/uchodzcy/wydalenie-cudzoziemca-moze-naruszyc-jego-prawo-do-sadu-2012/, Accessed on 12.12.2012.