How does Poland change the rules for applying for international protection?

A new law in Poland introduces temporary restrictions on international protection applications, which may complicate the procedure for migrants. Read more about the main provisions of the law, exceptions, as well as the rights of applicants and the obligations of the Border Guard

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The Sejm of Poland has adopted a law restricting the right to apply for international protection. This regulatory act provides for the possibility of introducing temporary territorial restrictions on the acceptance of such applications for a period of up to 60 days.

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Main provisions of the new law

The law provides that restrictions on the submission of an international protection application may be introduced by a resolution of the Council of Ministers upon the proposal of the Minister of Internal Affairs and Administration. In this case, the Minister of Interior and Administration is obliged to notify the Sejm Commission on Administration and Interior of such a submission.

The purpose of imposing restrictions is defined as preventing destabilization of the internal situation in the country and maximizing the rights of foreigners seeking international protection in Poland. The duration of the restrictions cannot exceed 60 days, and the resolution of the Council of Ministers will determine the specific border area where the restrictions will be applied.

Exceptions to the restrictions

Despite the temporary restrictions, the Polish Border Guard will still accept applications for international protection from

- unaccompanied minors

pregnant women,

- persons who may require special treatment (due to age or health condition),

- persons in respect of whom there are circumstances that clearly indicate a real risk of serious harm in the country of origin.

To avoid problems with legalization abroad, it is important to update your documents in a timely manner and comply with local laws. If you are not sure what steps you need to take, contact an immigration lawyer to help you understand the complex procedures and avoid possible difficulties.

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Can the Border Guard Service refuse to grant international protection?

The Border Guard Service has no right to refuse to accept an application for international protection from a person who, in the presence of a Border Guard Service officer, declares his or her intention to file such an application. Ignoring applications filed by foreigners is disrespectful of the right to file an international protection application.

The right to asylum in Poland has not been suspended, but migrants face difficulties when applying for international protection. According to the website prawo.pl, the Border Guard often refuses to accept applications, claiming that foreigners do not clearly express their desire to apply for asylum, even if they have an application for protection.

According to the law, an applicant submits an application for international protection in person through the Border Guard, which sends it to the Head of the Office for Foreigners. When entering Poland, the application is submitted at a border crossing point or at the airport. If a foreigner is already in Poland, he or she can submit an application at the Border Guard office or branch at his or her place of residence.

Lawyers and human rights activists emphasize that any expressed desire to apply for international protection must be accepted by Border Guard officers. Court decisions confirm that even an oral request for protection must be considered, and the foreigner must be treated as an asylum seeker from the moment of application.

In case of refusal to accept the application, human rights activists recommend contacting other employees, documenting the situation and insisting on compliance with the law. Submitting an application for international protection legalizes a foreigner's stay in Poland, which allows them to enjoy the relevant legal guarantees.

Consequences of the new law

The introduction of restrictions on filing international protection applications may have serious consequences for migrants seeking safety in Poland. The introduction of a 60-day restriction period, even with exceptions for vulnerable groups, may result in many people being left without the opportunity to apply for international protection at a critical time.

In addition, there is a risk that temporary restrictions may become an instrument of political pressure on refugees and be used to regulate migration flows without taking into account humanitarian aspects. Poland, as a member of the EU, must comply with international asylum obligations, and human rights organizations have already expressed concern about violations of these norms.

Reaction of the public and government officials

The law has been criticized by human rights organizations such as Amnesty International Poland, the Helsinki Foundation for Human Rights and the Dajemy Dzieciom Siłę Foundation. They stated that the provisions of the law contradict international law and the Polish Constitution.

On the other hand, Poland's Prime Minister said that the new law will allow restoring control at the border after years of chaos and corruption. He emphasized that democracy cannot remain helpless in the face of migration pressure.

Next steps

After the Sejm passes the bill, it will be submitted to the Senate, after which it will need the president's signature to enter into force. The government expects that this will be an important step in reforming the international protection policy in Poland.

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We remind you! For Ukrainian students in Poland, the rules of eighth-grade exams have changed slightly. Now students will have more time to complete tasks in each subject.

Photo: Getty 

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