Accelerated procedure

Poland

Country Report: Accelerated procedure Last updated: 16/04/21

Author

Independent

General (scope, grounds for accelerated procedures, time limits)

The application for international protection is subject to an accelerated procedure if the applicant:[1]

  1. Provides other reasons for applying for asylum than 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);
  2. Misleads the authority by withholding or presenting false information or documents which are important in an asylum procedure;
  3. Makes inconsistent, contradictory, improbable or insufficient explanation of the persecution they are fleeing from, which are clearly inconsistent with the country of origin information (COI);
  4. Submits an application to delay or frustrate enforcement of a return decision;
  5. 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 2020, 106 applications (covering 115 persons) were channeled in the accelerated procedure. These concerned the following grounds:

Applicants whose applications were channeled in the accelerated procedure: 2018-2020
Grounds 2018 2019 2020
Reasons unrelated to grounds for international protection 143 134 82
Misleading authorities by withholding or presenting false information or documents 0 0 0
Inconsistent, contradictory, improbable or insufficient statements 25 14 22
Application solely to delay or frustrate return 9 14 10
Threat to national security or public order 1 0 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 2020 the average time of processing applications in the accelerated procedure was 93 days.[3]

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).[4] There is no information on the number of cases in which the interview takes place – Office for Foreigners does not aggregate such data. The interview does not differ from the one in a regular procedure – it is in the same form and the same rules apply.[5]

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;[6]
  • 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.[7]

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.[8]

 

 

[1]           Article 39 Law on Protection.

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

[4]           Article 44 Law on Protection.

[5]           Information provided by the Office for Foreigners, 1 February 2017.

[6]           Article 39(2)(3) Law on Protection.

[7]           Article 39(2) Law on Protection.

[8]           Article 69e Law on Protection.

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