Registration of the asylum application

Poland

Country Report: Registration of the asylum application Last updated: 30/11/20

Author

Independent

Asylum applications should be submitted to the Border Guard (SG) which will then transfer them to the Head of the Office for Foreigners. If the application is lodged at the border or in detention, the relevant authority receiving it is the SG unit responsible for the border check point or the detention facility. If the application is lodged in the territory, it can be submitted to any SG unit. There is also a possibility to express the intention to apply for asylum by post for i.e. elderly persons, persons with disabilities, pregnant women, persons in hospitals or imprisoned.[1]

The Head of Office for Foreigners is competent to examine the claim, so the SG cannot refuse to receive the application.

When applying for asylum, asylum seekers have to submit their travel document (e.g. passport) to the SG. Travel documents are kept by the Head of the Office for Foreigners. Asylum seekers are issued a temporary ID document entitling them to stay on the territory of Poland, the Foreigner’s Identity Temporary Certificate (Tymczasowe Zaświadczenie Tożsamości Cudzoziemca). The document is initially valid for 90 days – 10 days in case of Dublin returnees – then for 6 months and can be prolonged every 6 months by the Head of the Office for Foreigners until the end of the asylum procedure.[2]

The SG is entitled to inform an asylum seeker that it is impossible to apply for asylum on a day when said individual comes to the SG unit. However, the SG must then set a date and place when it will be possible.[3] In such a situation (e.g. when there is a need to ensure an interpreter is available), the intention to apply for protection is laid down in a protocol and registered and the Border Guard has 3 working days to ensure the application is lodged and registered (in case of massive influx it is 10 working days). During this time decision on return cannot be executed.[4] According to the Office for Foreigners (OFF) in 2019, 165 persons declared their willingness to lodge an application for international protection, which was eventually registered subsequently.[5] NGOs report that the waiting period is to lodge an application at the OFF in Warsaw is usually a couple of days in.[6]

 


[1] Article 28(2) Law on Protection.         

[2] Article 55(1) and (2) and Article 55a(2) Law on Protection.

[3] Article 28(1) Law on Protection.

[4] Article 330(1)8 Law on Foreigners.

[5] Letter from the Office for Foreigners to HFHR no BSZ.074.2.2020/RW received on 22 January 2020.

[6] A. Pulchny, M. Sadowska, Dostęp do procedury [in] Legal Intervention Association, SIP w działaniu. Prawa cudzoziemców w Polsce w 2018 r., May 2019, 9, available (in Polish) at: http://bit.ly/2S507LV.

 

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