Refugee status is withdrawn (“revoked”) where the person:[1]
- Has withheld information or documents, or presented false information or documents of significance for the asylum proceedings;
- Has committed a crime against peace, a war crime or a crime against humanity, as understood by international law;
- Is guilty of acts contrary to the 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Subsidiary protection is withdrawn where:[2]
- It has been revealed that a foreigner has withheld information or documents or presented false information or documents of significance for the asylum proceedings;
- 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;
- There are serious grounds to believe that a foreigner is guilty of acts contrary to the aims and principles of the United Nations, as specified in the Preamble and articles 1 and 2 of the UN Charter;
- 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;
- There are serious reasons to believe that a foreigner poses a threat to state security or to the safety of society.
Subsidiary protection may also be revoked if, after an applicant has been granted subsidiary protection, it has been revealed that the beneficiary had committed a crime under Polish law punishable by any prison sentence – regardless of its duration – 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 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In general, international protection is rather ceased than withdrawn. In 2018, 11 foreigners (incl. 9 citizens of Russia) had their refugee status ceased (10 refugees) or withdrawn (1 person) and 157 (incl. 154 citizens of Russia) had their subsidiary protection ceased (153 beneficiaries) and/or withdrawn (13). In 2019, 6 decisions on cessation of 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). 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), and none were withdrawn. In 2021, 32 Russian citizens had their subsidiary protection ceased (28) and/or withdrawn (4). In 4 cases the refugee status was ceased (all Russian citizens).[4] In 2022, 9 persons had their refugee status ceased or withdrawn (including 6 Russian citizens, 2 Turkish citizens and 1 Afghan citizen). 33 beneficiaries had their subsidiary protection ceased or withdrawn (including 31 Russian citizens and 2 Afghan citizens).[5] Statistical data provided by the Office for Foreigners did not allow to distinguish cessation from withdrawal cases.
| Grounds for withdrawal of international protection in 2022[6] | |
| Withdrawal of refugee status | |
| The beneficiary is guilty of acts contrary to the aims and principles of the United Nations, as specified in Preamble and Articles 1 and 2 of the UN Charter | 3 |
| The beneficiary has withheld information or documents or presented false information or documents of significance for the asylum proceedings | 1 |
| Withdrawal of subsidiary protection | |
| It has been revealed that a foreigner has withheld information or documents or presented false information or documents of significance for the asylum proceedings | 4 |
| There are serious reasons to believe that a foreigner poses a threat to state security or to the safety of society. | 7 |
Source: 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 since 2019.
[5] Information provided by the Office for Foreigners, 3 February 2023.
[6] The table informs about the number of instances when a legal basis was invoked in a decision on deprivation of international protection. One decision may have more than one legal basis. Moreover, in Poland, in one decision grounds for cessation and withdrawal can be invoked together.