Border procedure (border and transit zones)

Poland

Country Report: Border procedure (border and transit zones) Last updated: 16/04/21

Author

Independent

There is no border procedure in Poland. However, in January 2017, the Minister of the Interior and Administration presented a draft amendment to the Law on Protection, which introduces a border procedure for granting international protection. The Commissioner for Human Rights, as well as the main NGOs in Poland, have criticised the draft law for failing to provide sufficient safeguards including limited access to effective remedies and for introducing detention for the duration of the border procedure. The proposal was updated in February 2019.[1] According to the proposal, if a negative decision is issued during the border procedure, the Office for Foreigners will also decide on return in the same decision. There would be 7 days to appeal this decision to the Voivodeship Administrative Court (not to Refugee Board, as in the regular procedure) and the appeal will not have an automatic suspensive effect. The draft law also provides for the adoption of a list of safe countries of origin and safe third countries. The Commissioner for Human Rights[2] and NGOs[3] sent their statements about the draft law, criticizing the concept of safe third country and safe country of origin, as well as legal conditions to apply border procedure and access to effective remedy. Last amendment in the process of adopting the act of law was made in August 2019 and concerned the postponement of adopting this act from the second to the third quarter of the 2019. No further information is available.

 

 

[1]  Draft law available at: http://bit.ly/2IqboVu.

[2] The Commissioner for Human Rights, letter commenting on the draft law from 1 April 2019, available (in Polish) at: https://bit.ly/31pTAQf.

[3] Legal Intervention Association, letter commenting on the draft law from 15 February 2019, available (in Polish) at: https://bit.ly/2v6aiaV and HFHR, letter from 15 February 2019, available (in Polish) at: https://bit.ly/2LTPEnk.

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