Soltanow v Polish Ministry of Foreign Affairs

• Jurisdiction: Polonia
• Docket Number: Case No.221
• Date: 06 April 1927
• Court: Supreme Administrative Court (Poland)

Supreme Administrative Court of Poland.

Case No.221

Soltanow

and

(Polish) Ministry of Foreign Affairs.

Admission of Aliens — Absence of Duty to Admit.

The Facts.—Plaintiff, who was not a Polish citizen and was resident in Berlin, applied for permission to come to Poland. The permission was refused and no grounds for the refusal were given. Plaintiff brought an action to reverse the decision of the Ministry.

Held: That at the moment of the decision there was no rule which would give every foreigner the right to come to Poland. It was true that, under Article 95 of the Polish Constitution of 1921, “The Polish Republic guarantees within its territory full protection for life, liberty and property to all its inhabitants without distinction of origin, nationality, language, race or religion,” and that, under the same Article, “subject to reciprocity, aliens enjoy the same rights as Polish subjects and have the same duties, except in matters in which the law expressly stipulates for Polish...