Border Guard inquired about guidelines for EU citizen partner’s entrance right
The HFHR has requested the Chief Commissioner of the Border Guard to disclose information on the application of provisions concerning the right of entry to Poland for third country partners of EU citizens. Recently, the Provincial Administrative Court has returned two judgments revoking decisions of the Border Guard denying entry to Poland for non EU-partners of two Poles. Despite those judicial developments, it is still unclear how to apply the law governing the issue.
One of the challenged decisions was the case of a Filipino national, a legal partner of a Pole under the UK law, who has been refused entry to Poland by border officers. Both men live together in the UK. The other one involved a Dominican national who was also prevented from entering Poland, despite being a partner of a Polish citizen. In both cases the Provincial Administrative Court in Warsaw made rulings revoking decisions issued by the Border Guard. In the reasons for judgments the PAC judges referred to provisions of an EU Directive, which provides that the host Member State should facilitate entry and residence for partner with whom the Union citizen has a “duly attested”, durable relationship.
“However, the Directive provides no guidance on how to perform this duty”, says Karolina Rusiłowicz, HFHR lawyer. She adds: “A denial of entry is issued on a standardised form, which contains ready to check boxes with typical grounds for denial. Therefore, there is no room for an exhaustive and factual justification of a decision on a case by case basis”.
Accordingly, the HFHR inquiries about any existing or planned guidelines on which Border Guard Officers could rely in examining individual cases of third country partners of Polish citizens who want to enter Poland.
The Foundation also asks in what way the authorities are going to fulfil the obligation of substantiating a denial of entry, given the use of standardised forms.