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EDAL case summaries

Poland - Ruling of the Supreme Administrative Court from 2 June 2016 II OSK 2380/14 quashing the ruling of the Voivodeship Administrative Court and dismissing the complaint against a return decision

Country of Decision: Poland
Keywords: Freedom of movement (right to), Residence document, Return

Internal borders of the EU Schengen zone can be crossed without submitting persons to any border control. However it does not mean that a third country national is not subject to any requirements while crossing the border. Interpretation of the Schengen Border Code, the Convention applying the Schengen Agreement and the Law on Foreigners leads to a conclusion that the third country national should hold a passport and a residence card while crossing the border. Holding these documents beyond doubt means possessing them, ie carrying them.
Date: 02-06-2016

Poland - Court of Appeal in Wrocław, 29 December 2004, II Akz 508/04

Country of Decision: Poland
Country of Applicant: Russia
Keywords: Freedom of movement (right to), Non-refoulement, Refugee Status, Return

This decision upheld the decision of the District Court in J. as regards the legal inadmissibility of extraditing a foreigner. The decision to accord refugee status was taken by a competent French authority and is binding within the territory of Poland, where the foreigner, who is sought by the Russian authorities, was detained. Poland recognises the decisions of other states to accord refugee status to foreigners and grants such foreigners the same degree and scope of legal protection as it would in the case of a foreigner granted protection by a competent Polish authority.
Date: 29-12-2004

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