Freedom of movement

Poland

Country Report: Freedom of movement Last updated: 26/05/22

Author

Independent

Officially there is no restriction to the freedom of movement of asylum seekers: they can travel around Poland wherever they want. However, when an asylum seeker accommodated in a reception centre stays outside this centre for more than 2 days, the assistance will be withheld by law until the moment of his/hers return.[1] Moreover, asylum seekers can leave the centre whenever they want, during the day, but they should be back before 23:00 in the evening.[2]

The Office for Foreigners decides in which reception centre asylum seekers will be allocated. This decision cannot be formally challenged. In practice, nuclear families generally stay in the same centre. The decisions are made taking into consideration family ties (asylum seekers should be allocated in the same centre as their families), vulnerability (e.g. asylum seekers with special needs can be allocated only to the centres which are adapted to their needs), continuation of medical treatment (when it cannot be continued in other premises), safety of the asylum seeker and capacity of the centres.[3]

Under the law an asylum seeker staying in one centre can be required to move to another facility if this is justified for organisational reasons.[4] Polish authorities interpret such rule as applying mostly to transfers from first-reception centres to an accommodation centre. As a result, asylum seekers are expected to move from a first reception centre to the other centres. In practice it can take a few to several days (depending on how long the epidemiological filter procedure lasts and whether the interview is conducted in the first reception centre). Afterwards if they are allocated to one centre they are very rarely moved to another. If so, it happens mostly upon request of the asylum seeker.

In the period of 2016-2018 there were no cases of moving an asylum seeker to another facility without their request. In 2019, one family was moved to another centre on the initiative of the Office for Foreigners in order to stop the conflicts with other foreigners and ensure the security in the centre. In 2020, three similar cases were reported. In 2021, four foreigners were forced to move to another centre (two for organisational reasons, one perpetrator was isolated from the victim of violence, one person was moved due to the recurrent violations of the rules in the first centre).[5] Otherwise reasons of public interest and public order do not have any impact on the decision on an asylum seeker’s place of stay.

If an asylum seeker submits a request to live in another centre, it is mostly because of the location of the centre he stays in (e.g. it is far from their family or more of his/hers compatriots live in another centre). With the exception of 2020 (due to pandemic), most of the requests for a move to another centre are accepted. In 2021, 60 such requests were submitted and most were decided in favour of the asylum seeker concerned.[6]

 

 

 

[1] Article 77 Law on Protection.

[2] Para 12(3) of the Annex to the Regulation on rules of stay in the centre for asylum seekers.

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

[4] Article 82(1)(6) Law on Protection.

[5] Information from the Office for Foreigners, 22 and 27 January 2020, 4 March 2021, 26 January 2022.

[6] Information provided by the Office for Foreigners, 26 January 2022.

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