In the framework of the Fundusz Pomocy Pomagającym, we received a grant from the Stefan Batory Foundation to prepare positions on the detention of foreigners and handling refugee cases in Poland for immigration authorities of EU countries and/or lawyers representing foreigners in asylum proceedings.

Below, we present the scope of legal assistance we provide to individuals from the Polish-Belarusian border:

• Attempting to release foreigners from guarded centers by preparing applications for release, letters of the court’s friend, and appeals against court decisions.
• Representing these individuals in refugee and return proceedings in Poland.
• Preparing complaints to the  Provincial Administrative Court in cases of final administrative decisions.
• Appealing to the European Court of Human Rights in selected cases of arbitrary detention after exhausting national appeals.
• Submitting claims for compensation to District Courts within a year of release from guarded centers for foreigners.

Due to the fact that a significant portion of released detainees choose to go to other EU countries, they encounter the problem of being sent back to Poland based on the Dublin III Regulation. They are returned to Poland and often directed back to guarded centers. To prevent this, these individuals approach us to prepare opinions on the abuse of detention in Poland and biased handling of their refugee cases. The Rule of Law Institute positions must be prepared in a foreign language (mostly English) and addressed to immigration authorities of EU countries or lawyers representing foreigners in asylum proceedings.

Therefore, we plan to assist in 15 Dublin cases from Germany to Poland by the end of 2023. These cases usually involve families, so we anticipate that approximately 45 individuals will be covered by our interventions. Providing our legal opinions (positions) will support German lawyers or organizations operating in the field of legal assistance. We believe that our actions will aid in these individual cases and contribute to a general prohibition on transferring refugees to Poland due to identified systemic problems in our reception system for asylum seekers.

The project will be implemented from July 1 to December 31, 2023.

The grant was awarded under the Fundusz Pomocy Pomagającym by the Stefan Batory Foundation.