Overview of the main changes since the previous report update

The report was previously updated in May 2023.

Asylum procedure

• Key asylum statistics: The number of persons applying for international protection in Poland in 2023 was 9,513. The three main nationalities of asylum applicants were Belarusian, Ukrainian and Russian. Belarusians had the highest overall recognition rate, with 98% positive decisions in 2023.
• Access to the territory and to the procedure: Access to Poland through its border with Belarus was still the main problem in 2023. Testimonies collected by civil society organisations for 2023 include reports on the use of verbal and physical violence by officers of the Polish Border Guard and other forces towards migrants seeking to access Polish territory. Two legal amendments restricting access to asylum for those who access the territory irregularly, introduced in response to the crisis at the Belarusian border in 2021 remain in force as of May 2024, despite these provisions having been questioned before domestic courts.
• Case law on pushbacks: Until the end of January 2024, the ECtHR communicated 11 cases concerning pushbacks at the Polish-Belarusian border.[1] They concern 23 applications and 84 third-country nationals (16 minors), mainly originating from Afghanistan (37 persons), Iraq (26) and Syria (16). The applicants invoke inter alia violations of Articles 3, 13 of the ECHR and Article 4 of the Protocol no. 4 to the ECHR, but also Article 2.[2]

Reception conditions

• Access to reception conditions: The humanitarian crisis at the Polish-Belarusian border that started in 2021 and continued in 2023 left many prospective asylum seekers without any or proper access to material reception conditions, including medical assistance. As of the end of 2023, at least 55 persons died on the Polish-Belarusian border, while many others suffered injuries and other health problems that were not sufficiently or at all treated.
• Health care: Despite criticism from civil society organisations regarding the quality of the services provided, the Office for Foreigners signed a new agreement with the current provider of medical services for asylum seekers. This led to the change of the rules concerning the working hours of medical personnel in the reception centres.
• Education: From 1 September 2024, schools can hire an intercultural assistant to support foreign pupils’ contacts within the school environment and cooperation with their teachers and parents.
• Special reception needs of vulnerable groups: In June 2023, GRETA published its evaluation report concerning Poland (third round), indicating that more must be done to identify and support asylum-seeking victims of human trafficking.

Detention of asylum seekers

• Detention of vulnerable applicants: Children with families are still detained on a regular basis and the best interest of a child principle is commonly not taken into account in court proceedings; no identification system for victims of violence is in place, and victims of torture are still in practice placed in detention centres despite the biding regulations prohibiting detention in these cases.
• Conditions in detention centres: Asylum seekers in detention centres have limited access to psychologists working for NGOs or to private medical specialists. Instead, psychological services are offered in detention centres by specialists hired by the Border Guard, which often discourages persons in need from requesting support due to lack of trust.

Content of international protection

• Inclusion of protection beneficiaries: While Poland lacks an official integration strategy, some positive initiatives at the local level (e.g. in Warsaw and Gdansk) have been observed. In 2023, the Programme of Integration of Immigrants in the Malopolska Region (‘Open Malopolska’), the first document of its kind, was officially adopted. The main goal of the programme is to strengthen the integration of immigrants in the Malopolska region. The programme was developed collaboratively, involving workshops with more than 200 representatives of government and local administrations, civil society organisations, immigrant communities, employers, educational and cultural institutions and academic and research communities. The implementation of the programme will be collaboratively evaluated every three years.
• Long-term residence: In 2023, the rules concerning language requirements to obtain long-term residence in the country were changed. There are now more possibilities to confirm knowing the Polish language. They are specified in the Ordinance of the Ministry of Internal Affairs and Administration of 31 May 2023, in force since 24 June 2023.

Temporary protection

The information given hereafter constitute a short summary of the Polish Report on Temporary Protection, for further information, see Annex on Temporary Protection.

Temporary protection procedure

• Extension of the temporary protection regime: In May 2024, temporary protection for Ukrainian nationals and some of their family members was prolonged until 30 September 2025. It is valid until 4 March 2025 for other temporary protection beneficiaries.
• Access to the territory and to temporary protection: In 2023, over 13,000 decisions on a refusal of entry were issued at the Polish-Ukrainian border. Access to temporary protection was particularly hampered for some groups (e.g. stateless persons, Roma).
• Registration: Upon the entry into force of the Special Law Amendment of 15 May 2024, the registration for special temporary protection will be more difficult due to the unconditional travel document requirement and the obligation to register immediately upon arrival to Poland.
• Unaccompanied children: In 2023, 363 unaccompanied children from Ukrainian foster care were returned to Ukraine due to their guardians’ decision. It was opposed by Polish and international human rights organisations and bodies, but not by the Polish government. In May 2024, rules concerning unaccompanied minors from Ukraine were significantly modified.

Content of temporary protection

• Residence permits: In 2023, children were granted some access to residence permits (Diia.pl), however still not all minors enjoying temporary protection can obtain this document.
• Freedom of movement: Movement and mobility of temporary protection beneficiaries continued to be hampered mostly due to the rule that temporary protection is withdrawn upon a 30-day absence in Poland and the unfavourable practices of the Polish Border Guard. Many temporary protection beneficiaries lost access to social benefits upon temporarily leaving Poland. Reinstatement of the benefits proved to be very difficult in practice.
• Housing: Vague rules concerning accommodation of temporary protection beneficiaries led to differential treatment and uncertainty.
• Access to socio-economic rights: According to the study published in March 2024, employment of Ukrainian nationals who flew the Russian invasion positively affected the Polish economy. Many Ukrainian children continued their education remotely within the Ukrainian education system. Only 53% were enrolled into Polish schools in October 2023. Temporary protection beneficiaries struggled with accessing proper healthcare. The psychological assistance is particularly needed, however Ukrainian psychologists were not allowed to treat their compatriots from August 2023 to June 2024. The Special Law Amendment of 15 May 2024 introduced significant changes to socio-economic rights of temporary protection beneficiaries, including a shorter period to notify of their employment, repeal of the financial allowance for landlords and a one-time financial allowance for Ukrainian nationals upon their arrival to Poland, and making social welfare conditioned on the Polish school attendance.

[1] SIP, Communication of the Association for Legal Intervention on the execution of the M.K and Others v. Poland judgment, 12 February 2024, available at: https://bit.ly/4bqukMh.

[2] M. Łysienia, Pushbacki w Polsce w ocenie Europejskiego Trybunału Praw Człowieka, Laboratorium Migracji, 11 August 2023, available in Polish here: https://bit.ly/3UxgD7o.