This database entry is part of a case-law database: EU: Standards and Case-law on (alternatives to) detention of migrant children.

Regional Court of Lublin, Decision IV Ko 895/23, 29 April 2024

The District Court in Lublin ruled that an Iraqi Kurdish woman and her two children were wrongfully detained after crossing the Polish-Belarusian border. The court found that extending their detention beyond the initial 90 days was unjust, as no hearing was held on the reasons for their international protection application —even though the applicants actively participated in the process. The Office for Foreigners failed to conduct the required proceedings. This ruling, echoing the Supreme Court’s judgment of June 20, 2023 (II KK 148/22), emphasizes that guarded centers are not meant for prolonged detention during the processing of refugee claims or to enforce deportation decisions, but only as a temporary administrative measure.

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