Tajik refugees won a lawsuit against Poland in the Strasbourg court

The European Court of Human Rights in Strasbourg has fined Poland for refusing to consider the asylum applications of four Tajik refugees.

The court’s ruling notes that Poland sent the Tajik asylum seekers to Ukraine, despite their claims of persecution in their home country, and that Ukraine could deport them back to Tajikistan. The court found that by refusing to accept the asylum applications of Tajik citizens, Poland violated the provisions of the European Convention on Human Rights.

It is reported that these four Tajik asylum seekers appealed to the European Court of Human Rights in Strasbourg after Polish border guards refused to accept their asylum applications in 2016 and 2017. From December to February, they attempted to cross the Polish-Ukrainian border four times, but Poland denied them entry.

The plaintiffs claimed that they faced pressure and persecution in Tajikistan; however, after numerous attempts to enter Poland and apply for international protection, they were denied entry and returned to Ukraine.  

The court’s ruling notes that the four Tajik citizens also stated that Poland violated the rules of the Convention on the Prohibition of Collective Expulsion of Aliens and pointed out that they had no opportunity to appeal the decisions of the Polish Border Guard regarding their entry denial.

One of the plaintiffs claims that the Polish authorities violated Article 8 of the European Convention on Human Rights: “Right to respect for private and family life,” as the applicant’s wife lived in Poland and requested the authorities to consider her husband’s application for international protection; however, the Polish authorities refused, citing that domestic legislation in Poland does not provide for family reunification in such cases.

The court awarded each applicant 13,000 euros in compensation for moral damages, as well as any taxes that may be levied on this amount.

It should be noted that these Tajiks have already received refugee status in Poland and Austria.