Freedom of movement

Poland

Country Report: Freedom of movement Last updated: 15/07/25

Author

Independent

Officially there is no restriction to the freedom of movement of asylum applicants: they can travel around Poland wherever they want. However, when an asylum applicant accommodated in a reception centre stays outside this centre for more than 2 days, the assistance will be withheld by law until the moment of their return.[1] According to the draft amendment of the Law on Protection that was published in December 2024, in such case, medical assistance would be also suspended, except in emergency situations, for basic treatment of illnesses, serious mental disorders, or when a person requires special treatment. As of 27 January 2025, the draft was not adopted yet. [2] The Human Rights Commissioner is critical of the changes, pointing out that the proposed changes may unjustifiably deprive asylum applicants access to medical care.[3]

 Moreover, asylum applicants can leave the centre whenever they want, during the day, but they should be back before 11:00 p.m.[4] Asylum applicants may leave the reception centre for a couple of days upon earlier notification in the centre.[5]

The Office for Foreigners decides to which reception centre asylum applicants will be allocated. This decision cannot be formally challenged. In practice, nuclear families generally stay in the same centre. The decisions are made taking into consideration family ties (asylum applicants should be allocated in the same centre as their families), vulnerability (e.g. asylum applicants with special needs can be allocated only to the centres which are adapted to their needs), the continuation of medical treatment (when it cannot be continued in other premises), the safety of the asylum applicant and capacity of the centres.[6]

Under the law, an asylum applicant staying in one centre can be required to move to another facility if this is justified for organisational reasons.[7] Polish authorities interpret this rule as applying mostly to transfers from first-reception centres to an accommodation centre. As a result, asylum applicants are expected to move from the first reception centre to the other centres. In practice, it can take a few to several days (depending on how long the epidemiological filter procedure lasts and whether the interview is conducted in the first reception centre). Afterwards, if they are allocated to one centre, they are very rarely moved to another. If so, it happens mostly upon the request of an asylum applicant. In 2024, out of 256 persons, 73 were allowed to move to another centre. Applicants gave various reasons for request to change centre such as a better location, a close person (friend, family member) staying in another centre, easier access to non-governmental organizations, the labour market, better housing conditions, etc. According to the Office for Foreigners, the refusals were justified inter alia by the temporary impossibility to accommodate in the chosen reception centre or the asylum applicant’s withdrawal of the application.[8]

Moving an asylum applicant to another centre without a direct request from the person involved is very rare In 2024 there were no such cases.[9]

 

 

 

[1] Article 77 Law on Protection.

[2] Article 3 of the draft law of 4 December 2024, available in Polish here.

[3] Human Rights Commisioner, ‘Składanie przez cudzoziemców wniosków pobytowych wyłącznie przez Internet. Opinia Rzecznika’, January 2025, available in Polish here.

[4] Para 12(3) of the Annex to the Regulation on rules of stay in the centre for asylum seekers.

[5] A. Garbolińska, ‘Rodzaje ośrodków dla osób w procedurze uchodźczej w Polsce’, 2022, available in Polish here.

[6] Information provided by Office for Foreigners, 26 January 2021.

[7] Article 82(1)(6) Law on Protection.

[8] Information provided by the Office for Foreigners, 19 February 2025.

[9] Ibidem.

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation