In a recent ruling, the Provincial Administrative Court in Białystok sided with two migrants who claimed they were wrongfully pushed back to Belarus. The court awarded them reimbursement for court costs, a decision that has resonated widely on immigrant forums and social media. Arabic-language blogs have expressed surprise at the verdict, noting that the migrants “broke the law and stormed the border.”
Details of the Case
A few days ago, the portal “Wirtualna Polska” reported that the Border Guard Commander in Mielnik lost two cases involving migrants who challenged the procedure of being turned back to Belarus. Each migrant was awarded 697 PLN in court costs. One case involved an Afghan migrant who fractured his foot after falling from a border fence and continued treatment in Belarus after a hospital stay in Poland. Polish activists advised him to file a complaint. Similarly, an Ethiopian migrant, who broke his leg trying to cross the border and claimed imprisonment risk in Ethiopia due to his homosexuality, was also part of the case. The court ruled that the Border Guard should have accepted their asylum applications.
Broader Implications
The court decisions from March 5 have become final, paving the way for further civil claims by foreigners. This ruling could serve as a precedent for other migrants seeking legal avenues. In a notable case from 2023, three Afghans are demanding 240,000 PLN in damages, though the case is delayed due to two asylum seekers leaving Poland.
Criticism of the Border Guard
The court criticized the Border Guard for not verifying the legality of the migrants’ stay in Poland and not accepting their asylum applications. Instead, the migrants were sent back to Belarus through a border gate known as the “parcel locker.” This action was deemed unjustifiable by the court.
Reaction in Arabic Media
The ruling has sparked significant discussion on immigrant forums and social media, as reported by “Wirtualna Polska.” Arabic-speaking bloggers have labeled the Polish court’s decision as “strange,” pointing out that the migrants themselves broke the law.
One such blogger, Abu Jamal, who runs the blog “Iraqi in Italy,” shared videos on YouTube about the court ruling, emphasizing the surprising nature of the decision and questioning why more migrants do not file similar lawsuits. His sentiments reflect a broader skepticism within the migrant community towards the Polish judiciary system.
Future Implications
The court ruling in Białystok may lead to an increase in similar lawsuits. This trend could pose a challenge, as Polish institutions might be seen as not supporting those defending the country from illegal migrants. With several soldiers already arrested, the perception of leniency towards migrants who breach the border could escalate tensions.
The case has sparked a notable debate about the role of Polish institutions in handling illegal migration and the potential consequences of legal precedents set by recent court decisions.