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 2022 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 TP annex.
Access to NGOs and UNHCR
Under the law, the Border Guards are obliged to secure access of UNHCR and NGOs to the applicant, also at the border.[6]
In 2022 and 2021, in the area of the border zone, to which access had been restricted until 30 June 2022, NGOs hardly had access to persons in need of their assistance because of immediate pushbacks. On the situation at the border see Access to the territory and pushbacks.
[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.