More information
Description
The project addresses problems concerning breach of foreigners'' rights, in particular those of refugees, and these relate to extending detention in secure facilities without legitimate grounds, limiting options for applying for international protection on the EU outer border, and disregard for procedures under the Return Directive. The project envisages intervention and monitoring. Intervention will consist of operating a legal advice center for refugees and immigrants. The center will be open five days a week, with on-site counselling but also a call-out option, depending on needs and where foreigners are residing. Lawyers will intervene in cases of foreigners placed in secure facilities, in deportation cases, and when difficulties arise concerning applying on the border for international protection. At the same time, the project will comprise monitoring, at the level of operation of the system, of observance of foreigners'' rights with respect to access to asylum procedures, detention in secure facilities, and return procedures. The project team will produce legal opinions, three reports, and amicus curiae pleadings for court cases. These papers will be submitted to the institutions responsible for formation of immigrant policy and application of the law with regard to foreigners. The results of the monitoring and the intervention findings will be discussed at two seminars for organizations that implement immigrant policy in Poland and for members of the media. At the same time, 144 foreigners will receive legal aid due to intervention performed by four lawyers at the Foundation.
Summary of project results
The project responds to the problem of violations of the rights of foreigners, especially refugees. This problem is the result of political changes and a political and media hate campaign targeting this group. The Polish government has refused to participate in the relocation of refugees and has stopped the distribution of EU funds intended to help foreigners for 3 years. The system of comprehensive assistance to those seeking international protection - based on NGOs - has almost been dismantled. Poland continues to ignore its obligation to provide key procedural guarantees, e.g., foreigners and are sentenced/confined to long-term detention. The problem has been exacerbated by subsequent events - the Taliban takeover of Afghanistan, the Polish-Belarusian border crisis, Russia''s invasion of Ukraine. There have been more serious human rights violations such as pushbacks at the border, the creation of new guarded centers with terrible conditions, the imprisonment of children, and depriving people of access to appeals procedures.
The project conducted intervention and monitoring activities. The Project Promoter ran a legal advice center - lawyers and lawyers intervened in cases of people placed in guard centers, in deportation cases and in cases of difficulties in applying for protection at the border. Assistance was provided to 281 people. Monitoring of the functioning of the system for protecting the rights of foreigners in terms of access to asylum and return procedures and detention in guarded centers was carried out. Twenty-eight legal opinions were prepared in border cases, 43 interventions in detention cases were carried out, 24 appeals in return cases were also drafted, and 11 requests for access to public information were submitted. The Project Promoter also prepared three reports taking into account current legal problems and challenges in the area of migration policy, which were then presented to institutions responsible for creating and applying the law to foreigners.
During the implementation of the project, there was a change in the judicial practice of extending the stay of foreigners in several detention centers. Dozens were granted the right to enter Poland and access to legal remedies, which resulted in the suspension of deportation. Legal awareness has also been raised among foreigners. The activities undertaken under the project also influenced the quality of the work of institutions and offices involved in migration issues.