Detention of a foreigner is a situation in which one thing is usually missing — time to think calmly. The Border Guard (Straż Graniczna) acts fast: questioning, a protocol, an application to the court, a return decision. At the same time, the family often does not even know where the detained person is being held. Below we describe what to do immediately so as not to close off the path to a defence.
The first hours — a list of actions
- Find out which Border Guard post is handling the case and where the detained person is being held.
- Gather the data: full name, date of birth, nationality, passport or residence-card number.
- Secure the documents: passport, residence card, visa, employment contracts, family documents.
- Do not sign, and do not encourage signing, any documents without an interpreter present.
- Note down the exact times of events — precise chronology can be decisive for deadlines.
- Contact a lawyer before a decision or a court order is issued.
A foreigner's rights during detention
- the right to be informed of the reason for detention in a language they understand,
- the right to the assistance of an interpreter during the proceedings,
- the right to contact a lawyer and to have them take part in the case,
- the right to have a close person notified of the detention,
- the right to contact the consular post of their country of origin,
- the right to file a complaint against the detention to a court.
The most common mistakes in the first hours
Signing a protocol without understanding its content
The questioning protocol is later treated as the primary piece of evidence. Correcting statements contained in it at a later stage is difficult and requires showing they were made in conditions that prevented free expression.
A statement waiving the right to appeal
It sometimes happens that a foreigner — wanting to leave the post sooner — signs a statement waiving the right to appeal. This causes the decision to become final immediately and subject to enforced execution at once.
Passively waiting for documents to be delivered
Deadlines run from delivery, not from the moment the family learns about the case. A few days' delay can close off the path to an appeal.
What happens next
We describe the further course of the case in detail on these pages: return decision, guarded centre and entry ban and SIS.