Admissibility procedure

Poland

Author

Helsinki Foundation for Human Rights

General (scope, criteria, time limits)

An admissibility procedure is provided for in national legislation.1 The Head of the Office for Foreigners is the authority responsible for taking a decision on admissibility. If an asylum application is deemed inadmissible, the Head of the Office for Foreigners issues a decision on the inadmissibility of the application.2

An asylum application is considered inadmissible under the following exhaustive grounds:

  • Another Member State has granted refugee status to the applicant;

  • A third country can be considered a first country of asylum with regard to the applicant;

  • The applicant submitted a subsequent application after receiving a final decision, based on the same circumstances;

  • A spouse of an applicant lodged a new asylum application after the applicant received a final decision and when the spouse’s case was a part of an application made on their behalf and there are no facts justifying a separate application of the spouse.3

The application is considered inadmissible if there is a first country of asylum where the applicant is treated as a refugee and can enjoy protection there or is protected against refoulement in any other way.4 There is no information on the actual use of this provision in 2016 by the Office for Foreigners. The general number of decisions on inadmissibility in 2016 was 770.5

There are no specific time limits that must be observed by the Head of the Office for Foreigners in this procedure, so the rules governing regular procedures are applicable (the general deadline is 6 months). There is no data on whether the time limits for taking a decision are respected in practice.

The statistics obtained from the Office for Foreigners show, that in 2015, decisions on discontinuation of the procedure because of inadmissibility of the asylum application (issued on the basis of the Law on Protection before the amendment) were received by:

  • 6 asylum seekers on the basis of the first ground where the applicant was a recognised refugee in another Member State,

  • 196 asylum seekers on the basis of the second ground where the applicant lodged a subsequent application on identical facts,

  • 6 asylum seekers on the basis of the third ground where a spouse’s application contained the same reasoning as the applicant.



 

The rules concerning personal interview are the same as in a regular procedure. There is no data on how many interviews were conducted in admissibility procedures in 2016 in 2014 according to the Office for Foreigners, in 90% of cases of subsequent applications which are subject to admissibility procedure, there is no personal interview of the applicant.6 For the admissibility procedures much depends on the case whether it is a detailed interview, as in the regular procedure, or whether it focuses only on specific issues (e.g. new circumstances).7 The scope is not limited to identity, nationality, and travel route.8

 

Generally the appeal system in the admissibility procedure does not differ from the one in the regular procedure, including its suspensive effect. The deadline for the appeal is 14 days.

 

Free legal assistance is offered in the same context as described in the section on Regular Procedure: Legal Assistance. State legal aid introduced on 1 January 2016 covers preparing an appeal and representation in the second instance.9

 

  • 1. Article 40 Law on Protection (applicable until 12 November 2015). From 13 November 2015: Article 38 Law on Protection.
  • 2. Article 38(4) Law on Protection, as amended in November 2015.
  • 3. Article 38 Law on Protection,as amended in November 2015.
  • 4. Article 38 Law on Protection, as amended in November 2015.
  • 5. The Office for Foreigners letter to HFHR from 1 February 2017 no BSZ.WAiSM.0361.7.2017/TB.
  • 6. Email from the Office for Foreigners, Department of Asylum Proceedings from 1 April 2014.
  • 7. Information obtained from the Office for Foreigners, letter DPU-07-1410/2013 from 22 February 2013.
  • 8. The Office for Foreigners letter to HFHR from 1 February 2017 no BSZ.WAiSM.0361.7.2017/TB.
  • 9. Article 69e Law on Protection, as amended in November 2015.

About AIDA

The Asylum Information Database (AIDA) is a database managed by the European Council on Refugees and Exiles (ECRE), containing information on asylum procedures, reception conditions, detenti