Provision of information on the procedure
The same level of information on the asylum procedure is provided to applicants during all types of procedures. The Border Guard officer who receives an asylum application has to inform the applicant in writing in a language that they understand on:[1]
- Rules related to the asylum procedure;
- Rights and obligations of the asylum seeker and their legal consequences;
- The possibility of informing UNHCR of an asylum procedure, reading the files, making notes and copies;
- NGOs which work with asylum seekers;
- The scope of the material reception conditions and medical assistance;
- Access to the free-of-charge state legal aid;
- The address of the centre where the applicant will live in.
Under the law, the information about the possibility to apply for international protection and the assistance of the interpreter is present at the border crossing points and in detention centres.[2]
According to the Border Guard, information about the procedure, covering the contact list of NGOs, is provided at the border crossing points and in other places where foreigners stay and is available in 24 languages.[3]
On the website, the Office for Foreigners provides basic information presented in graphic form, covering topics such as lodging an application, the main steps of the procedures, rights and obligations of applicants and documents issued to beneficiaries. This information is available in Polish, English, Russian and Ukrainian.[4]
Asylum seekers are informed about the Dublin procedure when they apply for international protection in accordance with the Dublin III Regulation and the Commission’s Implementing Regulation no 118/2014, including the specific leaflet for unaccompanied children. This information is available in 11 languages.[5]
Main challenges identified in 2023 concerned access to the procedure and access to the territory, which are crucial to be able to benefit from the information about the procedure.
Obstacles with regard to the provision of information concerned persons fleeing Ukraine. On this topic see Annex on temporary protection.
Access to NGOs and UNHCR
Under the law, the Border Guards are obliged to ensure applicants can access UNHCR and NGOs, also at the border.[6]
In 2023, the main issue with regard to access to NGOs was access at the Belarusian border where the persons in need of assistance are subject to immediate pushbacks. There are numerous reports of persons returned to Belarus immediately after apprehension in the border zone, who did not have a possibility to apply for international protection and also are in need of medical and psychological assistance. On the situation at the border see Access to the territory and pushbacks.
In 2023 the UNHCR was not engaged in any projects with the Office for Foreigners, neither on monitoring of interviews, nor analysis of the quality of decision-making process).[7] However, UNHCR is involved in Poland in activities such as provision of services for people with special needs, legal assistance, mental health and psychosocial support, support in accessing jobs and accommodation.[8]
On access to NGOs and UNHCR from detention, see Access to detention facilities.
[1] Article 30(1)(5) Law on Protection.
[2] Article 29(1) Law on Protection.
[3] Information provided by the Border Guard, 17 January 2023 KG-OI-VIII.0180.184.2022.BK.
[4] Office for Foreigners, information about the proceedings for international protection, available at: https://bit.ly/442FoMD.
[5] Information provided by the Border Guard, 17 January 2023 KG-OI-VIII.0180.184.2022.BK.
[6] Article 29(2) Law on Protection.
[7] Information from the Office for Foreigners, 16 February 2024.
[8] Information from UNHCR website, 13 March 2024, https://www.unhcr.org/pl/15027-japonia-unhcr.html