Subsequent applications

Poland

Country Report: Subsequent applications Last updated: 30/11/20

Author

Independent

Subsequent applications are subject to an Admissibility Procedure. If there are no new grounds for the application, a decision on inadmissibility is issued. In 2019, there were 1,389 subsequent applications, submitted mainly by Russian, Ukrainian and Georgian nationals.[1]

The first subsequent application has suspensive effect on a return decision and return order cannot be executed.[2] If the application is considered inadmissible because the applicant did not present any new circumstances of the case[3] it can be appealed within 14 days and until the Refugee Board makes a decision, suspensive effect is upheld. If the application is considered admissible, i.e. containing new circumstances relevant for the case, the Head of the Office for Foreigners issues a decision considering the application admissible.[4] In this case, suspensive effect is in force until the final administrative decision on international protection is served. In case of further subsequent applications, there is no suspensive effect on a return order.[5]

In 2019 the Office for Foreigners issued 67 decisions deeming the subsequent application admissible, while 854 such applications were dismissed as inadmissible.[6]

In 2019 the Voivodeship Administrative Court in Warsaw issued a judgement in which the Court stated that the subsequent application cannot be deemed inadmissible even if only one single element of facts of the case has changed.[7]

With regard to personal interviews, appeal and legal assistance, see section on the Admissibility Procedure

 


[1] Information provided by the Office for Foreigners, 15 January 2019.

[2] Article 330(2) and (3) Law on Foreigners.

[3] Article 38(4) Law on Protection.

[4] Article 38(5) Law on Protection.

[5] Article 330(2)2 Law on Foreigners.

[6] Information provided by the Office for Foreigners, 22 January 2020.

[7] The Voivodeship Administrative Court judgement from 18 April 2019 IV SA/Wa 3394/18, summary available (in Polish) at: https://bit.ly/2UkEbiB.

 

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