Reduction or withdrawal of reception conditions

Poland

Country Report: Reduction or withdrawal of reception conditions Last updated: 16/04/21

Author

Independent

The law provides for the possibility to withdraw material reception conditions, if an asylum seeker grossly violates the rules in the reception centre or acts violently towards employees of the centre or other foreigners staying there.[1] The decision on withdrawing reception conditions is issued by the Head of the Office for Foreigners. It can be re-granted to the same extent as previously (upon an asylum seeker’s request), but if the violation occurs again, it can be re-granted only in the form of a payment of half of the regular financial allowance provided to asylum seekers.[2]

Although the abovementioned rules are contradictory to the CJEU’s preliminary ruling in the case of Haqbin,[3] they remain in force. However, since the judgment was rendered none of the asylum seekers has been deprived reception conditions on this basis.[4] Beforehand, the provision was applied rarely (1-3 cases per year).

Financial allowance can be reduced to a half also in case of a refusal to undergo medical examinations or necessary sanitary treatment of asylum seekers themselves and their clothes.[5] This possibility was used once in 2020 in regard to an asylum seeker who refused to undergo medical examination after applying for asylum (epidemiological filter).[6]

Moreover, in case an asylum seeker stays outside the reception centre for a period exceeding two days, material reception conditions should be withheld by law until the moment of his return.[7]

Decisions on reduction and withdrawal of reception conditions are made on an individual basis. Asylum seekers have a possibility under the law to appeal against such decision. Free legal assistance is provided by NGOs only under the general scheme. However, the risk of destitution is not assessed under the law or in practice. In one case in 2017, the Office for Foreigners withdrew material reception conditions from an applicant suffering from a complex form of PTSD, without his psychological condition being taken into consideration.

Asylum seekers are not requested to refund any costs of material reception conditions.

 

 

[1]           Article 76(1) Law on Protection.

[2]           Articles 76 and 78 Law on Protection.

[3]           CJEU (Grand Chamber), case C-233/18 Haqbin, Judgment of 12 November 2019.

[4]           Information provided by the Office for Foreigners, 22 January 2020 and 26 January 2021.

[5]           Article 81(3) Law on Protection.

[6]           Information provided by the Office for Foreigners, 26 January and 4 March 2021.

[7]           Article 77 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