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Question

• I have been married to an Armenian man for 11 years. We have four children, one of them my own. My husband’s application for a permit to stay for a specified period of time was rejected. He is currently in detention on remand, where they are threatening him with deportation. He previously had a temporary residence card, but he broke the law and was not issued another one. The official responsible for his case said that my husband received his last card because our 7-year-old daughter had been raped. Can the prosecutor apply for my husband to deported? To whom can we turn for help?

Answer

In the situation you have described, it is best to seek the advice of a lawyer. Addresses of organisations which provide legal advice free of charge may be found in our Contacts section.

From what I understand, your husband is guilty of the actions with which he has been charged. “In the given situation, it is significant to note if he has been sentenced by a court; if he is in fact in detention on remand and not, for example, in deportation detention; and what kind of crime he has committed,” says Katarzyna Przybysławska, a lawyer with the Halina Nieć Legal Aid Centre.

According to the Polish Act on Granting Protection to Aliens within the Territory of Poland (art. 102), a foreigner can be deported if he constitutes a serious threat to state security or threatens public security or order. If the act that your husband committed is considered a threat to public security, he could indeed face deportation.

“In such a situation, you can still appeal the deportation order, on account of your husband’s family situation,” informs Katarzyna Przybysławska. Your question indicates that your husband is currently on Polish territory illegally (his residence card has expired). “In this situation, extending the card or obtaining a new one will not be possible,” says Przybysławska. “The only way to legalise his stay in Poland would be to apply for protection in Poland in the form of tolerated stay. To this end, your husband should make an application for protection, basing it on his family situation.”

The granting of tolerated stay is regulated by chapter 2 of the Act on Granting Protection to Aliens. In summary: a lot depends on the nature of the crime that your husband committed. I recommend that you arrange a meeting with a lawyer and describe your situation in greater detail in order to determine what other possible paths there may be to legalising your husband’s stay in Poland.

At the same time, I would like to draw your attention to organisations which specialise in helping child victims of violence. If you have not already looked for help for your daughter, I would strongly encourage you to do so. Children who have been victims of violence, and also their parents, can be assisted by the Nobody’s Children Foundation. Their offices are found at:

  • The Alina Margolis-Edelman Child and Family Centre for Praga District
    ul. Walecznych 59,
    03-926 Warszawa,
    tel. +48 (22) 616 16 69,
    walecznych@fdn.pl
  • “Mazowiecka” Child Advocacy Centre
    ul. Mazowiecka 12/25,
    00-048 Warszawa,
    tel. +48 (22) 826 88 62,
    mazowiecka@fdn.pl

Answer date:

2009-03-05 19:48:21

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