The case concerned a Yemeni national who crossed the border into Poland from Belarus in January 2023, was returned to Belarus although he requested international protection and after being held in the cold for several hours by border guards without being provided with material assistance such as water or with any documentation. The complainant claimed that he spoke in English to the border guards. The issue raised before the court concerned the evidentiary requirements for foreigners who experience pushbacks on the Polish-Belarusian border. The complainant submitted statements of two other citizens of Yemen, confirming the fact that he was on the territory of Poland on the day when he requested asylum and the explanation of the Commander-in-Chief of the Border Guard on the subject related to documenting specific data of persons returned to the border line. 

The Border Guard argued that the foreigner had no objective evidence that he had actually been to Poland and that there was no record in the registers of the Border Guard.

The Voivodeship Administrative Court in Białystok allowed the action and noted that the lack of evidence was a consequence of the actions of the Border Guard taken on the Belarusian border and that the representative of the authority was unable to indicate how the act of turning back to the state border line is documented. The court further observed that in the context of pushbacks, the foreigner's account is the main evidence in the case. Finally, the court noted that the practice of returning foreigners to the state border line was inconsistent with the Constitution, the Geneva Convention, the Charter of Fundamental Rights and the European Convention on Human Rights.