On 27 August 2026, the European Court of Human Rights (ECtHR) communicated the case R.A. and Others v. Poland (Application no. 14272/26 and two others), concerning the applicants’ alleged denial of access to the asylum procedure, their removal from Poland to Afghanistan and their detention with the purpose of return.
The applicants, Afghan nationals, entered Poland irregularly from Belarus in 2025 and were subsequently detained following unsuccessful attempts to enter Germany. They claim that, despite attempts to request international protection, the Polish authorities refused to process them on the basis of legislative amendments which entered into force in March 2025 and allowed for a temporary restriction on lodging applications for international protection. The applicants were ordered to return to Afghanistan, but their removal was suspended following interim measures by the ECtHR. They remain in detention in Poland.
The applicants complain that their removal to Afghanistan would expose them to a real risk of treatment contrary to Articles 2 and 3 ECHR and that they lacked an effective remedy under Article 13. One application additionally raises complaints under Article 5 concerning the lawfulness of detention and under Article 8 concerning the authorities’ assessment of the applicant’s claimed minor age.
The Court asked the parties, inter alia, whether the applicants would face a real risk of treatment contrary to Articles 2 and 3 if returned to Afghanistan, and whether the Polish authorities had adequately assessed their claims concerning the risk of ill-treatment.