Monday, September 24, 2018


Still working on in progress ;)

Bearing in mind the above, I am also asking for the whole decision being lifted and for the granting of refugee status, possibly for granting subsidiary protection, and I propose optional to repeal the decision in its entirety and refer the case to the first instance authority for reconsideration.

I accuse the contested decision  of the Polish Head of the Office for Foreigners as well as protocol number 24 issued by European Union as Consolidated version of the Treaty on the Functioning of the European Union as totally illegal/criminal/inhumane and more than anything genocidal. 


Violations of Polish constitution:

3. a gross violation of art. 7, 77, kp.a. by omitting any assessment of the evidence gathered in the case:

Art. 7. In the course of the proceedings, public administration bodies shall uphold the rule of law and take all necessary steps to thoroughly explain the facts and to settle the matter, bearing in mind the public interest and the legitimate interest of citizens.

Art. 77. § 1. The public administration body is obliged to comprehensively collect and consider all evidence.

2. a gross violation of art. 107 § 3 k.p.a. by the lack of any justification regarding the facts of the case:

Art. 107 § 3. The factual rationale of the decision should, in particular, indicate the facts that the authority found to be evidenced, the evidence on which it was based, and the reasons for which other evidence refused to be credible and probative, and the legal justification - clarification of the legal basis of the decision, citation of the law.

1. a gross violation of art. 105 § 1 k.p.a. by unjustifiably discontinuing the proceedings in question:

Art. 105 § . When the proceedings for any reason become pointless in whole or in part, the public administration body issues a decision to discontinue the proceedings in full or in part, respectively. "


At the outset of this appeal, particular attention should be paid to the substantive and legal regulation regarding the granting of international protection to a foreigner. This is important because the content of the indicated provisions and the conditions included in them condition and specify the direction in which the proceedings in the subject of granting international protection should be carried out.

Asylum seekers seek international protection on the grounds that they can not return or be returned to their country of origin because they have a reasonable fear of persecution or are subjected to ill-treatment or other serious harm. The EU Charter of Fundamental Rights explicitly guarantees the right to asylum. Although the ECHR does not guarantee the right to obtain asylum, the expulsion state may be required to refrain from expelling a person who is threatened with death or ill-treatment in the host country.

In accordance with international refugee law, an asylum seeker who claims to be afraid of persecution has the right to a refugee status if he can demonstrate both a well-founded fear of persecution because of the 1951 Geneva Convention and insufficient protection from the countries. Sufficient protection from the state means that in the host country there is both a readiness and the ability of state officials or other entities controlling parts of the country's territory to provide through its legal system a reasonable level of protection against ill-treatment, which the applicant is afraid of for asylum. In addition, Article 18 of the Charter of Fundamental Rights of the European Union guarantees the right to asylum, which includes compliance with the principle of non-refoulement. And Article 19 of the Charter states that no one may be removed from the territory of the state, expelled or extradited to a state where he would be subject to the death penalty, torture or other inhuman or degrading treatment or punishment. According to art. 3 the State will be liable in the event of expulsion, when it is reasonably demonstrated that the individual was at risk of actual torture.

Therefore, public administration bodies, while upholding the rule of law, ex officio or at the request of the parties, should take all actions necessary to thoroughly clarify the factual situation and to settle the matter with a view primarily to the public interest. This obligation means that the authority should not only collect evidence necessary for the proper settlement of the case, but also that it will carry out evidence indicated by the party, if relevant. "With the allegations described, it is impossible to accept that the material collected in the case the evidence was recognized and assessed in a reliable manner, allowing to draw reasonable conclusions from them.    

The authority in the justification of the decision refuses to refer to the lack of legal and factual basis necessary for the substantive examination of the application. However, no action has been taken to update knowledge about the political situation in my country, so that the authority did not give me the opportunity to prove my case.  

As a citizen of Slovenia, I was repeatedly subjected to torture and cruel and inhumane treatment connected with the political life of the country SINCE MY CHILDHOOD WHEN OCCUPIED BY GREAT SERBIA KNOWN ALSO AS YUGOSLAVIA(same as Poland was occupied by USSR).

Due to my personal views and opposition to the pro Belgrade and Moscow authorities in country of origin known as Slovenia(one have recently even changed/regrouped our national origins from Western Slavic - same as Slovak, Polish, Czech - to Southern Slavic group), I am asking Poland for help. I experienced enormous amount of unpleasantness by self elected authorities. 

I was subjected to both physical and psychological violence to the extent that cost me three times loss of life in psychiatric hospital and assassination attempts took place as well. 

All these events were aimed at eliminating me as a human being, as I was involved heavily in politics and my views were inconvenient for the state.

Therefore my fear of persecution is fully justified, as well as the reason for applying for international protection on the territory of the Republic of Poland. .

In view of the above, I am bringing in this petition and I reserve the right to submit further letters and requests in the case.

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