Polska: V SA/Wa 2332/11 - Wyrok WSA w Warszawie, 13 czerwca 2012, S.B. against Rady do Spraw Uchodźców

The head of the Polish Office for Foreigners, in his grounds for the decision to dismiss the proceedings, argued that the application by the foreign woman had been the third application in a row for refugee status. The foreign woman's application cited the fact that she had left her country of origin due to her husband, who was being persecuted there. They were intruded upon in their home and persecuted, so she was concerned for the safety of her children and decided to emigrate to Poland. The head of the Polish Office for Foreigners said that the grounds cited by the foreign woman had been identical in the first of the applications made.

The head of the Polish Office for Foreigners argued that the foreign woman had said during the course of the proceedings that she could not return to Chechnya as she had been in a relationship for around a year with a Polish citizen and that she had not been cohabiting with her husband, so her husband's family posed a threat and she was scared that her children would be taken away from her.

The head of the Polish Office for Foreigners, assessing the circumstances cited by the foreign woman, found that they added nothing to the case, which had the same basis as before. According to the authority, the submission of a further application proves abuse of process on the part of the foreign women, and citing the alleged threat to her safety was insufficient for the outcome to be in her favour, as these circumstances are cultural and personal and furthermore have no connection with the Polish Act on the Provision of Protection to Foreigners in the Republic of Poland.

The Polish Council for Refugees upheld the decision by the first instance authority. The foreign woman appealed against the decision by the Polish Council for Refugees to the Regional Administrative Court seeking the decisions by the first and second instances to be overturned.

The Court allowed the appeal and overturned the decision by the Polish Council for Refugees, concluding on the basis of an analysis of the appellant’s application which was understood to be a request for refugee status, in the context of all circumstances cited as grounds for said application, the foreign woman had cited new, additional circumstances pertaining to her individual situation.

These circumstances could not be found to be identical, in other words not bringing anything new (?) to the proceedings in this formal case concerning the dismissal of proceedings. They should be assessed on their merits in the context of rules concerning the provision of protection to foreigners and in relation to the principles and customs prevailing in the country of origin of the foreign woman and taking into account the references to her situation with regard to the current situation prevailing in this country. In particular, to clarify all of the circumstances of the case, the foreign woman should be heard.

The Court stressed that when the authority refers to the socio-political situation, it should expressly cite the reports or studies it uses, as it is not sufficient for the authority to hold these materials in the case files and take them into consideration.

The Court stressed that the authority has the power to  adduce any evidence that might clarify the case. In these proceedings, the fact that the case had not been duly clarified might have affected the outcome, so the decision appealed against was overturned.