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Foreigner awarded compensation for her placement at guarded centre

The Regional Court in Radom has awarded compensation to an Iranian refugee for her wrongful and unjustified placement at a guarded centre for foreigners. “We’re very pleased with this decision. Courts very rarely render rulings in cases involving the placement of foreigners at centres for foreigners”, says Jacek Białas, the HFHR’s lawyer and counsel for the refugee.

The Iranian left her country in 2011. For fear of persecution, she took refuge in the Netherlands. Previously granted a Polish visa, the Iranian was subsequently transferred to Poland to have her application for refugee status considered in keeping with EU law.

Immediately after her transfer to Poland, the foreigner was detained by Border Guard officers and placed at the Guarded Centre for Foreigners in Lesznowola. “The reason for the foreigner’s detention at the guarded centre was her illegal crossing of the border and the need to verify her identity”, says Jacek Białas.

The Court has found that her placement at the Guarded Center for Foreigners was unjustified. The foreigner was handed over to Poland under the understanding between the Netherlands and Poland. In addition, on filing the application for refugee status the woman presented her Iranian identity document. “Her crossing of the border should not have been found illegal. Nor should it have been believed necessary to verify her identity”, say Mr Białas.

The Court has awarded the foreigner the whole amount claimed in damages. The judgment is not final.

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