HFHR statement on Ameer Alkhawlany’s obligation to return
The Head of the Office for Foreigners admitted the HFHR to the proceedings in the case concerning the obligation to return imposed on Ameer Tawfeek Hassan Alkhawlany. The foreign national has been already expelled to Iraq but appellate proceedings are still pending in his case.
Neither Mr Alkhawlany nor his attorney could access to the evidence that justified the assertion that he was “a threat to national security” and served as the basis for his expulsion to the country of origin.
According to the HFHR, the main problem is not the way in which authorities handled this case but the provisions of Polish law that enable public officials to deny access to case files and allow issuance of an expulsion decision unaccompanied by a statement of reasons. The HFHR argues that such laws are incompatible with the EU law, European Convention on Human Rights and Polish Constitution. The above legal rules state that even if a clear and present danger to national security is established, a foreign national should be given an opportunity to know the allegations made against them.