Special reception needs of vulnerable groups

Persons who need special treatment are defined particularly as:^[1]

1. Minors
2. Disabled people
3. Elderly people
4. Pregnant women
5. Single parents
6. Victims of human trafficking
7. Seriously ill
8. Mentally disordered people
9. Victims of torture
10. Victims of violence (psychological, psychical, including sexual).

An asylum seeker is considered a person who needs special treatment in the field of material reception conditions if there is a need to:

• Accommodate him or her in a reception centre adapted to the needs of disabled people or ensure a single room designed only for women or women with children;
• Place him or her in special medical premises (like a hospice);
• Place him or her in foster care corresponding to the psychophysical situation of the asylum seeker;
• Adapt his or her diet to his or her state of health.^[2]

If an asylum seeker is a person who needs special treatment, his/her needs concerning accommodation and alimentation are taken into account when providing material reception conditions.^[3] An asylum seeker who needs special treatment should be accommodated in the reception centre by taking into account his special needs.^[4]

The Border Guard ensures transport to the reception centre and – in justified cases – food during the transport after claiming asylum only to: disabled or elderly people, single parents and pregnant women.^[5] The same groups can benefit from this transport after the Dublin transfer and release from a detention centre.^[6] By law, other vulnerable asylum seekers cannot benefit from organised transport, they must get to the reception centre by themselves, which is considered ‘a gap in asylum system’.^[7] In practice, the transport for persons with disabilities or elderly people, single parents and pregnant women is provided rarely (see Criteria and restrictions to access reception conditions).

There are no separate accommodation centres for asylum seekers with mental health issues, or other vulnerable persons (except women, see below).

In 2023, Special Rapporteur on the human rights of migrants, Felipe González Morales, published a report concerning his visit in Poland in 2022, when he visited several detention centres and the Biała Podlaska reception centre. The Rapporteur recommended using reception facilities rather than guarded centres in case of unaccompanied children, children with their families, pregnant women and persons with mental health conditions. He also suggested rediverting financial resources used at the time for building new detention centres in Poland “to invest in alternative reception and care centres for children, including family inclusive centres”.^[8]

Reception of women and children

The centre in Warsaw hosting exclusively single women or single women with children was closed in August 2021. Thus, since then, single women with children have been accommodated in Podkowa Leśna-Dębak reception centre (in a separate, renovated for that purpose, building within the complex, offering 138 places). The Office for Foreigners plans to open a new centre for single women and women with children in Jachranka.^[9]

The law facilitates living outside the centre for single women. As the Law on Protection specifies, financial allowance is granted when it is necessary in order to ensure the safety of the asylum seeker, with special consideration given to the situation of single women.^[10]

When providing material reception conditions to children, the need to safeguard their interests should be taken into account, especially taking into consideration family unity, the best interests of the child and their social development, security and protection (particularly if they are a victim of human trafficking) and their opinion according to their age and maturity.^[11]

Since 2008, the Office for Foreigners has a special agreement with the Police, UNHCR, “La Strada” Foundation and Halina Niec Legal Aid Centre aiming to better identify, prevent and respond to gender-based violence in reception centres.^[12] Special teams have been created for all reception centres, consisting of one representative from the Office for Foreigners, the Police and an NGO. Their task is to effectively prevent acts of violence in reception centres and quickly respond to any which do occur. In 2023, approx. 20 cases of violence (any violence, not only gender-based) were discussed by the special teams. According to the Office for Foreigners, they concerned violations of the rules of stay in the reception centre, conflicts between adults living in the centres, domestic violence, peer violence and identification of the victims of human trafficking.^[13]

In 2021, the Council of Europe Group of Experts on Action against Violence against Women and Domestic Violence (GREVIO) welcomed the tripartite teams, but noticed ‘the low number of reported cases of gender-based violence within reception facilities’. Moreover, it regretted that ‘specialist intervention in cases of domestic violence under the Blue Card procedure is not available to asylum-seeking women under the Law on Combating Family Violence. In practice, it was reported to GREVIO that some reception centres have established cooperation with municipalities to run Blue Card procedures, but this seems to depend on individual initiatives and no data were made available on the number of women seeking asylum covered by such a procedure’.^[14] Moreover, it is highlighted that the Office for Foreigners’ employees in the reception centres are not social workers; thus, they are not trained to deal with crises and to work with vulnerable persons such as victims of domestic violence.^[15] However, the Office for Foreigners opposes those claims, pointing to several trainings conducted for the centres’ staff, including cleaners and security services, by NGOs (Fundacja Dajemy dzieciom siłę, La Strada).^[16] Moreover, the Office for Foreigners states that the victims of domestic violence are separated from the perpetrators by accommodating them in the reception centre for women and children in Podkowa Leśna-Dębak.^[17]

In 2023, as stated by the Office for Foreigners, all persons asking to enter the reception centres to work with minors there were checked in the Sexual Offenders’ Registry. None of them was identified in this registry.^[18] In 2022, the special phone number – for children at risk of violence and who have suffered violence, as well as for their parents and officers witnessing acts of violence towards children – started operating. However, the telephone works only for one hour a week.^[19] Moreover, in 2022, an NGO – Fundacja Dajemy dzieciom siłę – offered asylum-seeking parents (living outside of the reception centres) the possibility to attend 12 meetings concerning child upbringing without violence. They were organised in Warsaw in Polish, Russian and English.^[20]

Reception of unaccompanied children

The only safeguards related to the special reception needs of unaccompanied children are those referring to their place of stay. Unaccompanied children are not accommodated in the reception centres. The custody court places them in a youth care facility, so unaccompanied children are not accommodated with adults in practice. Until the court decides on placing a child in a regular youth care facility, an unaccompanied child stays with a professional foster family functioning as an emergency shelter or in a youth care facility for crisis situations.^[21]

The law also refers to qualified personnel that should undertake activities in the asylum procedures concerning unaccompanied children (a defined profile of higher education, and 2 years of relevant experience).^[22]

When providing material reception conditions to children, the need to safeguard their interests should be taken into account, especially taking into consideration family unity, the best interests of the child and their social development, security and protection (particularly if they are a victim of human trafficking) and their opinion according to their age and maturity.^[23]

Currently, unaccompanied asylum-seeking children can be placed in youth care facilities throughout the country. In 2023 they were accommodated in:

• Warsaw (6 children placed),
• Lublin (3 children placed)
• Ełk (2 children placed),
• Białystok (2 children placed),
• Łódź (2 children placed),
• Dziekanów Leśny (2 children placed)
• Stoczek Łukowski (1 child placed)
• Gdańsk (1 child placed),
• Zambrów (1 child placed)
• Białowieża (2 children placed),
• Poznań (1 child placed)^[24]

Persons with disabilities

Some reception centres are adapted to the needs of asylum seekers with disabilities. All the centres managed by the Office for Foreigners have a special entry for persons with disabilities and bathrooms adapted to the needs of the asylum seekers on wheelchairs. Some other centres have made minor adaptations to address their needs. There is also a provision of rehabilitation services to this group. The Office for Foreigners declares that it provides transport for medical examinations and rehabilitation services as well as specialist equipment when needed.^[25] Despite that, the Human Rights Commissioner observed that the centre’s preparedness to house people with disabilities was limited.^[26] In 2023, some adaptations to the needs of persons with disabilities were introduced in the centre in Podkowa Leśna-Dębak.^[27]

Victims of trafficking

In 2023, GRETA published its evaluation report concerning Poland (third round).^[28] The report notices that there is still no National Referral Mechanism in Poland. In this context, GRETA states that it should be possible for “specialised NGOs to have regular access to facilities for asylum seekers”. Asylum-seeking victims of human trafficking informed GRETA that they regretted not being allowed to work for first six months of the procedure and the low financial allowance they received.

Moreover, the report states, that: “Staff of the Office of Foreigners, which are responsible for determining asylum applications, follow the “Algorithm for dealing with a person who has applied for refugee status and is potentially a THB victim”. If they suspect that a person is a victim of trafficking, they refer the case to the Border Guard for identification. The Office for Foreigners has appointed a THB co-ordinator. (…)”.^[29] The Office for Foreigners added that, if the person concerned is (initially) confirmed to be a human trafficking victim he/she is offered with a possibility to live in an accommodation organised by La Strada Foundation.^[30]

According to GRETA: “The number of victims of THB identified among persons seeking international protection remains low: two in 2017 (a woman from Cameroon and a woman from Mongolia, both victims of sexual exploitation; one in 2018 (a man from Vietnam), and two in 2020 (from Ukraine and Moldova). Nine persons were granted subsidiary protection in 2019 after being identified as presumed victims of THB (six unaccompanied girls and three women). In 2021, three presumed victims of THB were identified, two of whom absconded; the third one, a woman from Cameroon, was released from the immigration detention centre after identification as a victim of THB.”^[31]

With regard to the humanitarian crisis at the Polish-Belarusian border, the GRETA report states: “The Polish authorities reported that the Border Guard had identified three children (two Congolese girls and one Guinean boy) as victims of THB among the migrants who crossed the border from Belarus, and that they were referred to KCIK for assistance.”^[32] The report concludes in this respect:

“236. GRETA stresses that pushbacks impede the detection of victims of THB amongst irregular migrants and asylum seekers and raise grave concerns as regards Poland’s compliance with certain obligations of the Convention, including the positive obligations to identify victims of trafficking and to refer them to assistance, and to conduct a pre-removal risk assessment to ensure compliance with the obligation of non-refoulement.

237. While recognising the serious challenges faced in relation to the situation at the border with Belarus, GRETA urges the Polish authorities to review the legislation in order to ensure that pre-removal risk assessments prior to all forced removals from Poland fully assess the risks of trafficking or re-trafficking on return, in compliance with the obligation of non-refoulement. The Polish authorities should take full account of the UNHCR guidelines on the application of the Convention relating to refugee status to victims of trafficking, and their right to seek asylum, and to GRETA’s Guidance Note on the entitlement of victims of human trafficking, and persons at risk of being trafficked, to international protection.”^[33]

^[1] Article 68(1) Law on Protection.

^[2] Article 68(2) Law on Protection.

^[3]  Article 69a Law on Protection.

^[4] Para 5(3) Annex to the Regulation on rules of stay in the centre for asylum seekers.

^[5] Article 30(1)(8) Law on Protection.

^[6] Article 40a and Article 89cb Law on Protection.

^[7] Pachocka, M. and Sobczak-Szelc K., ‘Refugee Protection Poland – Country Report’, Multilevel Governance of Mass Migration in Europe and Beyond Project (Horizon2020), January 2020, available at: https://bit.ly/2U1A9uL, 73.

^[8] ‘Visit to Poland – Report of the Special Rapporteur on the human rights of migrants, Felipe González Morales’, published in April 2023, available in English at: https://bit.ly/3QayrUP, 17.

^[9] Office for Foreigners, ‘Handbook of the Department of Social Assistance’, 2022, available at: http://bit.ly/3UdCDUB. Information provided by the Office for Foreigners, 26 January 2022, 3 February 2023 and 16 February 2024.

^[10] Article 72(1)(1) Law on Protection.

^[11] Article 69b Law on Protection.

^[12] Porozumienie w sprawie standardowych procedur postępowania w zakresie rozpoznawania, przeciwdziałania oraz reagowania na przypadki przemocy seksualnej lub przemocy związanej z płcią wobec cudzoziemców przebywających w ośrodkach dla osób ubiegających się o nadanie statusu uchodźcy, 25 March 2008. See also Office for Foreigners, ‘Handbook of the Department of Social Assistance’, 2022, available at: http://bit.ly/3UdCDUB.

^[13] Information provided by the Office for Foreigners, 16 February 2024.

^[14] GREVIO, ‘(Baseline) Evaluation Report on legislative and other measures giving effect to the provisions of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (Istanbul Convention) POLAND’, 2021, available at: https://bit.ly/3IKkIy6, 84.

^[15] SIP, ‘Raport nt. przeciwdziałania przemocy wobec kobiet i przemocy domowej’, 16 September 2021, available in Polish at: https://bit.ly/3tyl04y; SIP, ‘Alternative report’, 10 September 2020, available in English at: https://bit.ly/3HGMtq4, 6.

^[16] Information provided by the Office for Foreigners, 26 January 2022.

^[17] Information provided by the Office for Foreigners, 16 February 2024.

^[18] Information provided by the Office for Foreigners, 3 February 2023.

^[19] Office for Foreigners, ‘Telefon konsultacyjny dla cudzoziemców dotkniętych przemocą bądź będących świadkami przemocy’, 21 March 2022, available in Polish here: http://bit.ly/3TVA89a.

^[20] Office for Foreigners, ‘Grupy wsparcia dla rodziców cudzoziemskich w procedurze uchodźczej’, 22 June 2022, available in Polish here: http://bit.ly/42WJqWA.

^[21] Article 62 (2) Law on Protection.

^[22] Article 66 Law on Protection.

^[23] Article 69b Law on Protection.

^[24] Information provided by the Office for Foreigners, 16 February 2024.

^[25] Information from the Office for Foreigners, 26 January 2022.

^[26] ECRE, ‘Seeking Refuge in Poland: A Fact-Finding Report on Access to Asylum and Reception Conditions for Asylum Seekers’, April 2023, available at: https://bit.ly/41hGgdJ, 25.

^[27] Information provided by the Office for Foreigners, 16 February 2024.

^[28] GRETA, ‘Evaluation report: Poland’, June 2023, available in English at: https://bit.ly/3J3MRlt, 6,10, 21, 55, 56.

^[29] Ibid., 55.

^[30] Information provided by the Office for Foreigners, 16 February 2024.

^[31] GRETA, ‘Evaluation report: Poland’, June 2023, available in English at: https://bit.ly/3J3MRlt, 55.

^[32] Ibid., 10.

^[33] Ibid., 52.