| Name in English | Number of staff
|
Ministry responsible | Is there any political interference possible by the responsible Minister with the decision making in individual cases by the determining authority? |
| Office for Foreigners | 39 caseworkers | Ministry of Interior and Administration | Yes |
The Office for Foreigners (OFF) is the authority responsible for examining applications for international protection and is competent to take decisions at first instance. In 2023, there were 39 caseworkers (in comparison to 50 in 2022) who were directly involved in examining applications for international protection.
Caseworkers are trained in all aspects of the asylum procedure, in particular, drafting decisions and conducting interviews. The training is provided internally as well as through the European Union Agency for Asylum (EUAA). In addition, training for staff members conducted by UNHCR is envisaged, although there is no further information regarding the topics. Specific training on interviewing vulnerable groups is provided by the psychologists and EUAA to staff members of the Department on Proceedings for International Protection immediately upon recruitment. Although there is no specialised unit for vulnerable groups within the OFF, only qualified and experienced staff members are allowed to decide on applications from persons with special needs. In 2023, the number of staff members handling cases of vulnerable applicants was 15.[1]
As regards the internal structure of the OFF, the Department on Proceedings in International Protection of the OFF is divided into three units handling regular procedures, while one unit is responsible for accelerated and inadmissibility procedures.
The Head of the Office for Foreigners is appointed by the Prime Minister, upon the request of the Ministry of Interior and Administration, among persons applying via open call.[2] There is no regular monitoring of the decisions, but in practice, caseworkers fill in a special questionnaire which is made available to the Heads of Units and Departments of the OFF to review their activities. There is no quality control mechanism after a decision has been issued by the OFF, however; monitoring can be conducted at any time by the responsible Ministry or the Supreme Chamber of Control (Najwyższa Izba Kontroli). According to the Office for Foreigners, the Ministry cannot be involved in any way in the decision-making process e.g. by issuing binding instructions or by intervening in specific individual cases. In high-profile cases, an intervention is however likely, according to NGO lawyers working on specific cases.
It should be further noted that another activity covered by the OFF is reception facilities for asylum seekers and beneficiaries of international protection. The OFF is thus responsible for the management of all the reception centres. While the OFF has delegated this responsibility to civil society organisations and private contractors, it monitors the situation in the centres through the Office’s employees working in the centre and through inspections that are conducted twice per year (see Housing). Asylum seekers can present a complaint to the OFF regarding the situation in the centres.
[1] Information provided by the Office for Foreigners, 16 February 2024.
[2] Article 17 of the Law on Foreigners.