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] Material reception conditions 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.[4] However, since the judgment was rendered none of the asylum seekers has been deprived of reception conditions on this basis.[5]
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.[6] This rule was not applied in 2022. [7]
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.[8]
[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] M. Łysienia, ‘Pozbawienie pomocy socjalnej w postępowaniu uchodźczym: Haqbin a prawo polskie’, 12 April 2021, Laboratorium Migracji Blog, available in Polish at: https://bit.ly/3CckXiQ.
[5] Information provided by the Office for Foreigners since 2020, most recently in February 2023.
[6] Article 81(3) Law on Protection.
[7] Information provided by the Office for Foreigners, 3 February 2023.
[8] Article 77 Law on Protection.