Withdrawal of protection status

Poland

Country Report: Withdrawal of protection status Last updated: 16/04/21

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Refugee status is withdrawn (“revoked”) where the person:[1]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Subsidiary protection is withdrawn where:[2]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]

There is a single procedure in Poland that includes the cessation and withdrawal of international protection. In consequence, the beneficiary may receive a decision on a deprivation of international protection, as it is called in Poland, which can be issued on the grounds justifying only a cessation or only a withdrawal or both. The Office for Foreigners shares the data on a general number of ‘deprivations’ and how often the exact legal basis was used in the respective decisions.

In general, the international protection is rather ceased than withdrawn. In 2018, 11 foreigners (incl. 9 citizens of Russia) had their refugee status ceased (10 refugees) or withdrawn (1 person) and 157 (incl. 154 citizens of Russia) had their subsidiary protection ceased (153 beneficiaries) and/or withdrawn (13).[4] In 2019, 6 decisions on cessation of a refugee status were issued (incl. 5 citizens of Russia) and 100 (all concerning citizens of Russia) – on deprivation of subsidiary protection (97 ceased and 11 withdrawn).[5] In 2020, 95 Russian citizens had their subsidiary protection ceased (94) and/or withdrawn (4). In 12 cases the refugee status was ceased (11 Russian citizens, 1 Sri Lankan national), none was withdrawn.[6]

Grounds for withdrawal of international protection in 2020
Withdrawal of refugee status 0
Withdrawal of subsidiary protection  
There are serious reasons to believe that a foreigner poses a threat to state security or to the safety of the society. 4

Source: Authors of this report based on an analysis of the statistics shared by the Office for Foreigners.

The “deprivation” procedure in case of withdrawal is the same as in case of cessation and it is 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.

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

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

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

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