General (scope, grounds for accelerated procedures, time limits)
The application for international protection is subject to an accelerated procedure if the applicant:[1]
- Provides other reasons for applying for asylum than a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion, or a risk of serious harm; or did not provide any information on circumstances referring to the well-founded fear of persecutions or risk of serious harm);
- Misleads the authority by withholding or presenting false information or documents which are important in an asylum procedure;
- Makes inconsistent, contradictory, improbable or insufficient explanations of the persecution they are fleeing from, which are clearly inconsistent with the country of origin information (COI);
- Submits an application to delay or frustrate enforcement of a return decision;
- Is a threat to national security or public order or was, on this ground, already expelled from the territory.
The statistics obtained from the Office for Foreigners show that in 2023, 40 applications were channelled in the accelerated procedure. These concerned the following grounds:
| Applicants whose applications were channelled in the accelerated procedure: 2021-2023 | |||
| Grounds | 2021 | 2022 | 2023 |
| Reasons unrelated to grounds for international protection | 85 | 40 | 23 |
| Misleading authorities by withholding or presenting false information or documents | 0 | 0 | 0 |
| Inconsistent, contradictory, improbable or insufficient statements | 15 | 23 | 16 |
| Application solely to delay or frustrate return | 4 | 7 | 1 |
| Threat to national security or public order | 1 | 1 | 1 |
Source: Office for Foreigners.
The Head of the Office for Foreigners should issue a decision in the accelerated procedure within 30 calendar days. If a decision cannot be issued within 30 calendar days, the Head of the Office for Foreigners has to inform the applicant about the reasons for the delay and the date when a decision will be issued.[2] There are no consequences if this time limit is not respected. In 2023, the average time for processing the applications in the accelerated procedure was 124 days.[3] In 2023, no decision in this procedure was issued within 30 days deadline.
SIP reported a case from 2021, where the applicant claimed from the beginning to be afraid of persecution due to his sexual orientation. His statements were generally considered credible but the case was examined in the accelerated procedure based on Article 39(1)1 of the Law on Protection – which means that the authorities considered that the applicant provided other reasons for applying for international protection than a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion, or a risk of serious harm.[4]
Personal interview
The interview in the accelerated procedure is conducted according to the same rules as in the regular procedure (see Regular Procedure: Personal Interview).[5] There is no information on the number of cases in which the interview takes place – The Office for Foreigners does not collect data on this topic. The interview does not differ from the one in a regular procedure – it is in the same form and the same rules apply.[6]
Appeal
The appeal system is broadly the same in the accelerated procedure as in the regular procedure. However, there are two important differences:
- The time limit to lodge an appeal is 7 calendar days instead of 14;[7]
- Decisions on the appeal in this procedure are issued by only one member of the Refugee Board, instead of three as in the regular procedure.[8]
The short timeframe for lodging an appeal, while extended from 5 to 7 calendar days in November 2015, still constitutes a significant obstacle in practice.
Legal assistance
Free legal assistance is offered in the same context described in the section on Regular Procedure: Legal Assistance. State legal aid covers preparing an appeal and representation in the second instance.[9]
[1] Article 39 of the Law on Protection.
[2] Article 39(2) of the Law on Protection and the articles 36-38 Code of Administrative Proceedings.
[3] Information provided by the Office for Foreigners, 16 February 2024.
[4] Legal Intervention Association (SIP), Raport SIP w działaniu, Prawa cudzoziemców w Polsce w 2021 r. [Report SIP in action. Rights of foreigners in Poland in 2021], available (PL) at: https://bit.ly/43Cozbo, 35.
[5] Article 44 Law on Protection.
[6] Information provided by the Office for Foreigners, 1 February 2017.
[7] Article 39(2)(3) Law on Protection.
[8] Article 39(2) Law on Protection.
[9] Article 69e Law on Protection.