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Poland
Country of Decision : Poland
Court Name : PL: Supreme Administrative Court [Naczelny Sąd Administracyjny]
Date of decision : 18/05/2020
Type : Judgment
ECLI :
Case Number/Citation/ Document Symbol : I OSK 2734/19

O.

PL: The Supreme Administrative Court held that applicants for international protection can benefit from the 'Good Start' program

The applicant, O., requested in August 2018 the award of a benefit under the government’s "Good Start" program. The applicant was asked to submit his residence card and he explained his situation and attached a photocopy of the provisional alien’s identity certificate and photocopies of the birth certificates of 4 sons (originals and sworn translations into Polish). In November 2018, the authorities replied to his request and left the application unexamined as a regulation by the Council of Ministers regarding the categories of those entitled to the benefit excluded asylum applicants. The applicant challenged the failure to act and argued that the regulation restrictions of the categories of those entitled went beyond the statutory authorisation and is incompatible with the Constitution of Poland.

On 17 May 2019, the Regional Administrative Court of Warsaw found that the President had failed to act and the exclusion done via a regulation was adopted in excess of the statutory delegation. It also considered that requesting the applicant to produce a residence card and the applicant’s notification that his application should not be examined were measures taken in breach of the law.

The President brought an appeal on a point of law against that judgment before the Supreme Administrative Court, alleging, on the basis of Article 174(2) of the Code of Administrative Procedure, an infringement of procedural rules which had a significant impact on the outcome of the case.

The Supreme Administrative Court dismissed the appeal and held that the court of first instance rightly found that the Regulation infringes Article 92.1 of the Constitution of Poland. It further held that neither the Act on family support and the foster care system nor the Act on the granting of protection to foreigners on the territory of the Republic of Poland preclude a foreign national from receiving support from various sources financed from public funds. Therefore, the fact that a foreign national has obtained assistance on the basis of the provisions of the Act on the granting of protection to foreigners on Polish territory does not preclude him from benefiting from the measures provided for under the ‘Good start’ programme and cannot constitute an argument in favour of refusing to grant such funds.

 

Reception/Accommodation;

National law only (in case there is no reference to EU law/ECHR);

EASO IDS

Poland, Supreme Administrative Court [Naczelny Sąd Administracyjny], O., I OSK 2734/19, 18 May 2020. Link redirects to the English summary in the EASO Case Law Database.

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1414