In a letter addressed to the Minister of Interior of Poland, published today, Michael O’Flaherty expresses concern that the Polish authorities are applying legislation which provides for the temporarily suspension of access to asylum at the Poland-Belarus border in every case in which border guards deem a person to have crossed the border irregularly. This reportedly includes persons who moved, or attempted to move, to other EU member states and who were then returned or refused entry at the Polish border.
Having previously expressed concerns about the denial of asylum at the border, the Commissioner notes that this suspension is now being applied outside the border context. He also draws attention to recent reports of Afghan nationals being returned to Afghanistan without an opportunity to apply for asylum.
Recalling the case-law of the European Court of Human Rights, the Commissioner notes that any removal must be preceded by a rigorous and individualised risk assessment and that all individuals must have a genuine and effective opportunity to challenge their expulsion. The Commissioner invites the authorities to provide information on the measures taken to ensure that their asylum and migration policies comply with the European Convention on Human Rights.