Withdrawal of protection status

Poland

Country Report: Withdrawal of protection status Last updated: 30/11/20

Author

Independent

Refugee status is withdrawn (“revoked”) where the person:[1]

  1. Has withheld information or documents, or presented false information or documents of significance for the asylum proceedings;
  2. Has committed a crime against peace, a war crime or a crime against humanity, as understood by international law;
  3. Is guilty of the acts contrary to aims and principles of the United Nations, as specified in Preamble and Articles 1 and 2 of the UN Charter.

Subsidiary protection is withdrawn where:[2]

  1. It has been revealed that a foreigner has withheld information or documents or presented false information or documents of significance for the asylum proceedings;
  2. There are serious grounds to believe that a foreigner has committed a crime against peace, a war crime or a crime against humanity, as understood by international law;
  3. There are serious grounds to believe that a foreigner is guilty of the acts contrary to aims and principles of the United Nations, as specified in Preamble and article 1 and 2 of the UN Charter;
  4. There are serious grounds to believe that a foreigner has committed a crime in Poland or an act outside Poland which is a crime according to Polish law;
  5. There are serious reasons to believe that a foreigner poses a threat to state security or to the safety of the society.

Subsidiary protection may also be revoked if, after a foreigner has been granted subsidiary protection, it has been revealed that the beneficiary had committed a crime under Polish law punishable by prison sentence and had left his or her home country for the sole purpose of avoiding punishment.[3]

The “deprivation” procedure and statistics for withdrawal are described in the section on Cessation.

 


[1] Article 21(1) Law on Protection.

[2] Article 22(1) Law on Protection.

[3] Article 22(4) 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