Tech & Rights

Refugee Awarded Compensation for Stay in Polish Detention Center

The detention of an Iranian woman seeking asylum was unjustified and she must be compensated for it, a Polish regional court has ruled in a rare decision against the country's handling of foreigners.

by Polish Helsinki Foundation for Human Rights
Photo: Stefano Corso - Flickr/CC content

The Regional Court of Radom has awarded compensation to an Iranian refugee for her wrongful and unjustified placement in a guarded center for foreigners.

Fearing for her safety, the woman left Iran in 2011 and took refuge in the Netherlands. Previously granted a Polish visa, she was subsequently transferred to Poland to have her application for refugee status considered in keeping with EU law.

Immediately after her transfer to Poland, she was detained and placed in the foreigner detention center in Lesznowola.

"The reason for [her] detention at the guarded center was her illegal crossing of the border and the need to verify her identity," said Jacek Białas, a refugee lawyer with the Helsinki Foundation for Human Rights.

In its March ruling, the Radom court found that her placement at the guarded center was unjustified. She had been handed over to Poland with an understanding between the Netherlands and Poland, and this was not followed. In addition, on filing the application for refugee status, the woman presented her Iranian identity document.

"We're very pleased with this decision," said Białas. "Her crossing of the border should not have been considered illegal. Nor should it have been believed necessary to verify her identity."

He added that it is extremely rare for a Polish court to render judgments in cases involving the placement of foreigners in guarded detention centers.

The court has awarded the woman the whole amount she sought in damages. The judgment is not final.

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