1
Information of the Head of the Office for Foreigners, on the use in 2015
of the Act of 13 June 2003 on granting protection to foreigners within the
territory of the Republic of Poland (Journal of Laws of 2003 no. 128, item
1176 as amended). on the performance of obligations of the Republic of
Poland resulting from the Geneva Convention relating to status of refugees
and the New York Protocol on a refugee status
Warsaw, March 2016
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Table of contents:
1. Legal status ……………….....……………………………………….………....... 3
2. Execution of the Act on granting protection to foreigners within the territory of the
Republic of Poland regarding examining of applications for the refugee
status/granting international protection …………………… …………… 8
3. Procedure for granting a refugee status/granting international protection conducted
towards particular groups of applicants ……………………… . 20
4. Procedure towards foreigners illegally entering or residing within the territory of
the Republic of Poland ……….…..……… …. 22
5. Aid for foreigners applying for granting a refugee status/granting international
protection …..........................................................................… .. 24
6. Implementation of the Geneva Convention and New York Protocol with regard to
issuing documents to refugees ……………….…………………..…… …. 30
7. Cooperation with High Commissioner of the United Nations for Refugees
…………………………………………………………. ..…..……... 32
8. Implementation of the Geneva Convention and New York Protocol in the context of
the Republic of Poland's accession to the European Union ………… ...…….. 34
9. Conclusion ………………………………………….…………………..…….…. 41
10. Appendices (statistical tables) ……………………………….…...…….…........ 42
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1. Legal status
The Geneva Convention on the Status of Refugees, drawn up on 28 July 1951
(Journal of Lawsof 1991 no. 119, item 515) and the New York Protocol relating to
refugees status drawn up on 31 January 1967 (Journal of Laws of 1991 no. 119, item
517) define material and legal basis for granting a refugee status, as well as define the
most important rights and freedoms of refugees. The abovementioned legal acts do not
specify, however, the principles and proceedings in cases concerning granting a refugee
status/granting international protection. In Poland those issues are regulated by the Act of
13 June 2003 on granting protection to foreigners within the territory of the Republic of
Poland. The Act also regulates the principles of issuing documents to refugees, the
principle of non–refoulment, namely ban on exiling refugees and the principles of
cooperation with High Commissioner of the United Nations for Refugees. In separate acts
of the Polish law there have been regulated social and living rights of refugees.
Poland applies the so-called uniform asylum procedure. The course of the
proceedings on granting a refugee status/granting international protection examines not
only fulfilment of the conditions of acknowledgement as a refugee, but also – in the event
of observing that they are not fulfilled – other circumstances resulting in protection
against removal. To foreigner, who shall not qualify for acknowledgement as a refugee,
but who in the case of return to the country of origin may be exposed to actual risk of a
major harm, shall be protected by subsidiary protection. International protection may also
be granted to foreigners uprooted to Poland from third countries or relocated from other
Member States of the European Union.
The Act of 10 September 2015 amending the Act on granting protection to
foreigners within the territory of the Republic of Poland and some other acts (Journal of
Laws 2015 no. 0 item 1607) entered into force on 13 November 2015, and its purpose was
to implement the regulations on the state level:
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-Directive of the European Parliament and the Council 2013/32/EU of 26 June
2013 on common procedures for granting and withdrawal of international protection
(transformed version) (OJ EU L 180 from 29.06.2013, page 60),
-Directive of the European Parliament and the Council 2013/33/EU of 26 June
2013 on establishing standards concerning accepting applicants applying for
international protection (transformed version) (OJ EU L 180 from 29.06.2013, page 96),
-Regulation of the European Parliament and the Council (EU) No. 604/2013 of 26
June 2013 stablishing the criteria and mechanisms for determining the Member State
responsible for examining an application for international protection lodged in one of the
Member States by a third-country national or a stateless person (transformed version).
Among the most important introduced changes, the following should be noted:
1. Standardization of terminology, by introducing the term "an application for
granting international protection", which means both the application for granting
a refugee status and the application for subsidiary protection,
2. The mechanism of expiry by the law of the decision on granting a foreigner a
refugee status or granting subsidiary protection from the day of acquisition by him
the Polish citizenship,
3. Differentiation of declaration of a foreigner on the will to apply for international
protection and the application for granting international protection on the form,
4. Informing in private the spouse, on behalf of whom the applicant intends to submit
an application by the Border Guard body prior to accepting the application for
granting international protection, on procedural consequences of submission of
such a request, on the right to submit the application for hearing and on the right
to file a separate application for granting international protection,
5. Recognition of a person as underage should it be impossible to explicitly determine
whether the examined person is an adult,
6. Possibility of extension of the 6-month term for examination of the application for
granting international protection up to 15 months,
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7. Introduction of the decision on acknowledgment of the application as unacceptable
and adding the premises for recognition of the application as unacceptable in the
case of the applicant originating from the country of the first asylum, while in the
proceedings concerning granting international protection initiated in consequence
of submission of another application for granting international protection by the
applicant or by the spouse, who was previously covered by the application of the
applicant, in the event of observing that there no grounds for recognition of the
application as unacceptable introduction of the decision on acknowledgment of a
subsequent application the acceptable,
8. Introduction of the so-called fiction of service modelled after regulations of the
Code of Administrative Procedure and the electoral law for cases of a party
having permanent address abroad or having the registered office abroad - in the
case when the applicant who has not indicated another address for service of
notices than the address of a reception centre or a centre for foreigners is not
present in the centre within 2 days from the date of acceptance of the application
by a competent authority, the decision waiving the proceedings concerning
granting international protection inserted into the case files with the effect of
service,
9. In the case of unattended minors, limitation of the possibility to apply the structure
of the clearly groundless application (accelerated procedure) only to a situation
when the applicant shall constitute a hazard for safety of the state or public order
or when they were excluded from the territory of the Republic of Poland for this
reason was in the past, as well as the possibility of notifying a minor of the
possibility of searching for their relatives via international non-governmental
organizations (Red Cross), indication of the time limit for examination of the
application for establishing probation officer for unattended minors by court (3
days) and extension of the scope of actions of the probation officer on the
proceedings concerning granting aid in voluntary return to the country of origin, in
the case of transfer to another Member State pursuant to the procedures specified
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of the so-called Dublin III Regulation, the proceedings concerning granting pre-
integration aid and aid intended for support of the integration process of a
foreigner granted pursuant to Article 91 of the Act on social aid,
10. Possibility of conducting a hearing and assuring the translation by persons of the
same gender as the person under hearing,
11. Indication of the deadline for handling the case relating to deprivation of a
refugee status or subsidiary protection (6 months),
12. Extension of the expiry date of the first certificate of identity of a foreigner to 90
days,
13. Imposing on the Head of the Office, immediately after observing that an
application for granting international protection applies to a particularly sensitive
persons, the obligation to assess whether this person requires special treatment in
the proceedings on granting international protection or social aid with the
possibility of the order to carry out medical or psychological examinations,
14. Modification of the so-called special procedure, i.e. activities in the proceedings
concerning granting international protection will be made in conditions ensuring
freedom of opinion to a foreigner, in a particularly tactful manner and adapted to
his psychophysical condition, within the time adapted to his mental and physical
condition, designated at considering terms of a foreigner using the health benefits,
at the place of residence of a foreigner when it is justified by the health condition
of the foreigner, if necessary involving psychologist, a doctor or a translator/an
interpreter,
15. Introduction of free of charge legal aid financed from the funds of the state
budget granting of which in the course of the conducted refugee procedures is
conducted by employees of the Office for Foreigners, while a person who shall
submit the appeal will be able to receive a free of charge aid of an attorney, legal
advisor or person not being an attorney or legal advisor, employed in the non -
governmental organization conducting public benefit activities.
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Act on amending the Act on granting protection to foreigners within the territory of
the Republic of Poland and some other acts has not introduced on the other hand, changes
with regard to competence of the bodies. Since 20 July 2007 the head of the Office for
Foreigners which conducts the proceedings for the refugee status using Department for
Refugee has been the competent authority granting protection to foreigners within the
territory of the Republic of Poland.
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2. Execution of the Act on granting protection to foreigners within the territory of
the Republic of Poland regarding examining of applications for assigning
status of a refugee/granting international protection
In 2015 4 927 applications for granting a refugee status/granting international
protection was submitted in the Republic of Poland. The Applications these examined by
12 325 people, which constitutes almost twice greater number as compared to the
previous year, when 6 625 persons jointly applied for protection.
Liczba wniosków oraz osób […] Number of applications and persons covered by applications in cases
for granting international protection in the Republic of Poland in 2015 styczeń, luty, marzec […] January, February, March, April, May, June, July, August, September,
October, November, December wnioski applications osoby persons
The largest group of persons applying for granting a refugee status/granting
international protection in 2015 were the citizens of the Russian Federation – 7 989
persons (approximately 65% of the total number). The second largest group of foreigners
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were the citizens of Ukraine – 2 305 persons (approximately 19% of the total number).
Furthermore, the citizens of Tajikistan – 541 persons, Georgia – 394 persons, Syria – 295
persons, Armenia – 195 people and Kyrgyzstan – 147 people most often applied for
refugee status/international protection.
The analysis of the above data indicates that in 2015 as compared to the previous
year the ethnic composition of foreigners applying for granting a refugee status/granting
international protection in the Republic of Poland did not change, although the percentage
share of persons originating from the Russian Federation increased approximately by 42%
to 65% of the total number, and decreased the percentage share of foreigners entering
from Ukraine – from approximately 34% to 19% of a total number. Percentage share of
foreigners originating from Georgia also decreased – from approximately 10% to only
approximately 3% of the total number.
Last year, decisions in cases concerning 12 238 persons applying for granting a
refugee status/granting international protection were issued in 2015 and before.
Liczba osób […] Number of persons towards whom the Head of the Office for
Foreigners issued a decision on granting international
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protection in the Republic of Poland in 2015 status uchodźcy refugee status ochrona uzupełniająca subsidiary protection zgoda na pobyt tolerowany consent to tolerated stay negatywna negative umorzenie discontinuation
Pursuant to Article 1 A (2) of the Geneva Convention, a refugee is a person who
has a justified fear of persecution due to race, religion, nationality, affiliation to a
specified social group or political beliefs, as a result of such concern such person resides
outside the borders of the country of origin and for this reason may not or does not want
to benefit from protection of this country. This provision has been directly transposed to
the Act on granting protection to foreigners within the territory of the Republic of Poland
(see Article 13(1)).
Last year the refugee status have been granted to 348 foreigners, including, among
others, 203 Syrians, 24 foreigners from Iraq, 21 citizens of the Russian Federation, 20
stateless persons, 15 foreigners from Egypt, 14 citizens of Belarus and 12 persons
originating from Turkmenistan. For comparison, the year before this form of protection
covered 262 persons (115 citizens of Syria, 25 of foreigners from Afghanistan, 22
stateless persons, 22 citizens of Kazakhstan, 13 citizens of the Russian Federation, 14
persons originating from Belarus, 12 citizens of Somalia and 10 of Egypt). The number of
persons to whom the refugee status have been granted in the previous year was higher by
about 33% as compared to 2014.
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Liczba osób […] Number of persons towards whom the Head of the Office for
Foreigners issued a decision on granting a refugee status in the Republic of Poland in 2015
Irak Iraq Rosja Russia Egipt Egypt pozostałe other Bez obywatelstwa Stateless
Pursuant to Article 1C of the Geneva Convention, its provisions cease to be valid in
relation to persons which will voluntarily apply for protection of the state of which they
are citizens, will voluntarily acquire the previously lost citizenship, will acquire new
citizenship and are covered by protection of the state of which citizenship they have
acquired, will voluntarily again become the inhabitants of the state which they have left or
outside the boundaries of which they have resided due to the fear of persecution, or they
cannot longer refuse to accept protection of the state of their citizenship, since the
conditions, in connection with which they were considered refugees have ceased. The
above indicated the so-called ceasing clauses have been included in Article 21 (1) of the
Act on granting protection to foreigners within the territory of the Republic of Poland.
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In 2015 on the grounds of the premises indicated above 16 persons – 11 citizens of
Afghanistan, 4 citizens of Iraq, 2 citizens of the Russian Federation and 1 citizen of
Somalia were deprived of a refugee status On the other hand, 21 people – all of whom
were citizens of the Russian Federation – were deprived of the subsidiary protection.
Regarding the withdrawal of international protection, downward trends are visible as
compared to 2014 when 25 people were deprived of international protection.
In the case of 2 877 persons negative decisions were issued. It is a higher level as
compared to 2014 (then 1 997 persons received negative decisions). Some of the previous
year's applications were examined in accelerated mode, partially as the obviously
groundless applications which advantage is the possibility of conducting fast proceedings.
This is particularly important when the application for granting a refugee status/granting
international protection shall be submitted by a person which is to be obliged to return.
This institution enables prevention of instrumental treatment of refugee procedures as the
agent preventing return. Furthermore, its existence contributes to shortening of the
procedure for granting a refugee status/granting international protection duration.
Similarly to 2014, in the previous year were no case reported of application of the
so-called excluding clause, specified in Article 1F of the Geneva Convention. It should be
mentioned that the circumstances resulting in exclusion from the possibility to use the
benefits of the Convention have been directly indicated in the Act on granting protection
to foreigners within the territory of the Republic of Poland (see Article 19 (1) (3)).
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Liczba osób […] Number of persons towards whom the Head of the Office for Foreigners issued a decision on granting international protection in the Republic of Poland in 2015
Ukraina Ukraine Rosja Russia Gruzja Georgia Kirgistan Kyrgyzstan pozostałe other
As it has been mentioned before, in the case of refusal to grant a refugee status the
need for granting the subsidiary protection to a foreigner shall be decided ex office. In
2015, subsidiary protection was granted to 167 persons, including, among others, 104
citizens of the Russian Federation and 24 citizens of Iraq. It is a level comparable to 2014
-then the subsidiary protection was granted to 170 foreigners.
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Liczba osób […] Number of persons towards whom the Head of the Office for
Foreigners issued a decision on granting subsidiary protection in the Republic of Poland in 2015
Irak Iraq Erytrea Eritrea Rosja Russia Afganistan Afghanistan Ukraina Ukraine pozostałe other
In any cases initiated before 1 May 2014 in the event that a foreigner did not meet
conditions for granting a refugee status or conditions for granting the subsidiary
protection, the head of the Office for Foreigners examined the need for granting the
protection in the form of permission to tolerated stay to the foreigner. The foreigner was
granted permission to tolerated stay within the territory of the Republic of Poland, if his
removal could take place only to the country in which his/her right to life, freedoms and
personal safety would be endangered, in which he/she could be subjected to torture or
inhuman or humiliating treatment or punishing or being forced to work or deprived of any
right to reliable court proceedings or be punished by without the legal grounds as defined
by the Convention for the Safeguarding of the human rights and fundamental freedoms,
drawn up in Rome on 4 November 1950 or it would breach the right to family life as
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defined by the aforementioned Convention, or it would breach the rights of the child as
specified in the Convention on Child's Rights, adopted by the General Assembly of the
United Nations on 20 November 1989, to a substantial degree posing a threat to its
psychophysical development.
In 2015 granting a refugee status and granting the subsidiary protection was
refused and at the same time the permission to tolerated stay was granted to 122 persons –
by about 60% less than in 2014 (this form of protection was then applied in respect of 300
foreigners). Similarly as the case of the subsidiary protection, the dominant group of
foreigners which were granted the permission to tolerated stay were the citizens of the
Russian Federation – 91 persons. Other countries of origin the citizens of which most
often obtained a permission for tolerated stay in 2015 were Armenia (10 persons),
Georgia (6 persons) and Ukraine (6 persons).
Liczba osób […] Number of persons towards whom the Head of the Office for
Foreigners issued a decision on granting permission to tolerated stay in the Republic of Poland in 2015
Turcja Turkey Rosja Russia Gruzja Georgia Ukraina Ukraine Gwinea Guinea
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The above data indicate that in 2015, in total 637 foreigners were granted
international and national protection in Poland. It constitutes about 5% of persons who
submitted the applications for the refugee status – by about half less as compared to the
year before.
Similarly, as in the previous years, the manner of ruling in cases of foreigners
originating from the Chechen Republic of the Russian Federation was consistent with
recommendations of the UNHCR.
As regards the cases of citizens of Ukraine it should be indicated that in the case of
applications for the refugee status from persons originating from Crimea and from
Donetsk and Luhansk, those are examined with the emphasis on the so-called internal
relocation. Such rulings are allowed by the situation presented below concerning
internally displaced persons in Ukraine.
According to regional Representative of the UNHCR in Belarus, Moldova and in
Ukraine – Mr. Oldrich Andrysek, regardless of various kinds of problems no uprooted
person in Ukraine is alone in practice. Furthermore, it should be noted that, in spite of
undoubtedly difficult industrial and economic situation of Ukraine, the commonly
available sources of information imply that forcefully uprooted persons receive aid many
places (central and circumferential authorities non-governmental organizations,
volunteers) and on various levels. The appropriate state structures (migration service, the
ministry of labour, the ministry of education, the ministry of social aid) are registering the
uprooted persons, issuing new documents, assisting in continuation of education, giving
of social aid, medical and psychological aid, helping in finding work and place of
residence (the uprooted persons are placed in boarding schools, hotels, sanatoria,
recreational houses). It is a fact that the state has provided a place of residence only for
approximately 25% of the uprooted persons from eastern Ukraine and from Crimea,
however, it should be noted that on 1 October 2014 the Cabinet of Ministers of Ukraine
adopted provisions governing significant issues relating to social care for persons
forcefully uprooted, granting e.g. monthly financial aid in the following amount: for
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persons unable to work (the disabled, children) – 884 hryvnia per person (family
member); for people able to work – 442 hryvnia per person (family member). Granting
and payment of the above financial aid is implemented by population social care
authorities at the actual place of residence (stay), at the request of an authorised family
representative. The aid is granted from the date of submitting the application and is paid
for a period no longer than six months. Persons fit for work receive financial aid for the
period of two months. In order to receive the aid in to the established extent in the next
period, persons capable of work will need to find work, including with the help of the
state employment services. In the event when a family member capable for work will not
be employed, the amount of aid for him for the next two months will decrease by 50%,
and for the subsequent period the aid shall be completely withheld. The general the sum
of aid per a family is calculated as the sum of aid of each family member and must not
exceed 2400 hryvnia. According to the data of the Ukraine Ministry of Social Policy
dated 5 January 2015 "the monthly address aid" for covering the costs of residence was
granted to nearly 180 000 families. On 20 October 2014 the Supreme Council of Ukraine
passed the Act no. 4490-a-1 "On ensuring rights and liberties of internally uprooted
persons". OSCE, the Council of Europe, EU and the UNHCR praised the Ukraine
authorities for adoption of the said Act. The abovementioned Act introduced a relevant
document confirming the status of internally uprooted persons, it also guarantees these
persons right to free of charge flat for a period of six months, it also introduces simplified
procedure of registration the uprooted persons in a new place of residence, necessary for
conducting business operations, for using administrative services or bank account opening
. Regardless of the foregoing e.g. the UNHCR, UNICEF and IOM spend hundreds of
millions of dollars and euros for persons internally uprooted in Ukraine. Dozens of
millions of euros for aid to uprooted persons in Ukraine were granted also from the EU
budget. Also very important is the aid from different western countries (e.g. the USA,
Germany, Poland). Concept of the so-called internal relocation is, however, not used for
foreigners belonging to sensitive groups.
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In 2015 discontinuation covered procedures conducted in respect of 8 724 persons,
including in respect of 6 566 citizens of the Russian Federation, 764 foreigners from
Ukraine, 498 citizens of Tajikistan, 348 citizens of Georgia and 146 from Armenia. The
number of persons whose proceedings have been completed was approximately by 57%
higher than in 2014 (5 556 persons).
Liczba osób […] Number of persons towards whom the Head of the Office for
Foreigners discontinued proceedings for granting international protection in the Republic of Poland in 2015
Ukraina Ukraine Rosja Russia Tadżykistan Tajikistan Gruzja Georgia pozostałe other
The most common basis for issuing a decision on discontinuation was the so-called
implied withdrawal of an application for issuing a refugee status/granting international
protection. Frequently the decision on discontinuation of the proceedings was issued also
in situations in which the applicant upon receipt of the final decision on refusal of
granting a refugee status submitted a new application based on the same grounds
(unacceptable application).
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The phenomenon of submission of subsequent applications by the same foreigners
has been observed since 2003, then subsequent applications for the refugee status were
submitted by 93 persons (approximately 1.3% of the total number of all applying
persons). In the following years the tendency in this respect was growing: 2004 - 137
persons (approximately 2%), 2005- 1 141 persons (approximately 21%), 2006 - 3 280
persons (46%). In 2007 for the first time there was a decrease in the number of foreigners
submitting subsequent applications for the refugee status to the number of 2 842 people
which constituted 28% of the total number of all applying persons. In 2008 this
percentage amounted to 15% (1 316 from among 8 517 applicants), and in 2009 – 10% (1
538 from among 15 336 applying). In 2010, there was recorded an increasing tendency -
subsequent applications were already submitted by as much as approximately 34%
persons (2 204 from among 6 534 applying), in 2011, 2012 and 2013– again decreasing
tendency, respectively at the level of approximately 26% (1 801 from among 6 534
applicants), 15% (1 579 persons from among 10 753 applicants) and 8% (1 219 persons
from among 14 996 applicants). In 2014 this tendency did not change – subsequent
applications were already submitted approximately by 16% of the applicants (1 072
persons). In the previous year this level remained stable - subsequent applications were
submitted by 1 970 persons (approximately by 16% of the applicants).
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Liczba osób […] Number of persons towards covered by applications of granting international protection in the Republic of Poland in 2015 – subsequent applications
Ukraina Ukraine Rosja Russia Kirgistan Kyrgyzstan Gruzja Georgia pozostałe other
Reasons for practice of filling in an application for granting a refugee
status/granting international protection several times by the same persons are twofold – an
attempt to avoid the obligation to return or (usually) the possibility of further using the
benefits for foreigners applying for granting a refugee status/granting international
protection.
The limitation of practice of multiple filling an application for granting a refugee
status/granting international protection in order to avoid implementation of the decisions
on obligation to return potentially is significantly affected by the legislator's resignation
from automatic withholding of execution of such a decision for the period of refugee
proceedings. The full right to stay on the territory of Poland during the refugee
proceedings/proceedings for granting international protection may be used only by
persons who submit the application for the first time. In the case of other foreigners,
withholding the execution of the decision on obligation to return was possible only at the
request of the foreigner containing the reasons for existence of the right interest of the
applicant in withholding its execution. In 2015, the head of the Office for Foreigners
issued this type of decision in relation to 7 persons – almost fifteen times less than the
year before (in 2014 this type of decisions was granted to 103 foreigners).
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3. The procedure for granting a refugee status/granting international protection
conducted against particular groups of applicants
Special protection in the course of proceedings on granting the refugee status
covers the following groups of foreigners: the minor staying within the territory of the
Republic of Poland without legal or customary representative (the unattended minor),
victims of violence and the disabled, and since 13 November 2015 also persons in an
advanced age, pregnant women, single parents, the victim of human trade, ill persons.
Special treatment may consist in ensuring such people with special social aid and/or
ensuring special support with regard to the procedures.
And so, the testimonies from such persons are received in conditions adapted to
their needs and perception possibilities. Activities in the course of the proceedings are
conducted with participation of psychologist or school counsellor (in the case of
unattended minors) or psychologist or a doctor (in the case of other categories of
persons), only by employees qualified in this aspect. Substantially, persons whose mental
and physical condition may justify a presumption that they were subject to violence, are
unattended minors or disabled persons cannot be placed in custody for foreigners or
guarded centre for foreigners.
Special mode of the procedure in respect of unattended minors, victims of violence
and the disabled does not arise from the Geneva Convention itself. However, it meets the
recommendations of the United Nations High Commissioner for Refugees with regard to
standards of refugee procedures. Furthermore, it reflects the regulations of the Council
Directive no. 2003/9/EC of January 27 2003 on minimum standards of accepting persons
applying for asylum (OJ No. L 031 of 6 February 2003), Council Directive no.
2005/85/EC of 1 December 2005 on establishing minimum standards concerning
procedures of granting and withdrawing a refugee status in Member States (OJ No. L 326
of 13 December 2005), Directive of the European Parliament and the Council
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2013/32/EU of 26 June 2013 on common procedures for granting and withdrawal of
international protection (transformed version) and Directive of the European Parliament
and the Council 2013/33/EU of 26 June 2013 on establishing standards concerning
accepting applicants applying for international protection (transformed version),
implemented to the Polish legal order.
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4. Procedure towards foreigners illegally entering or residing within the
territory of the Republic of Poland
Pursuant to Article 33(1) of the Geneva Convention "no agreeing state shall expel
or return a refugee in any manner whatsoever to the frontiers of the territories where his
(or her) life or freedom would be threatened on account of his race, religion, nationality,
membership of a particular social group or political opinion". Respecting the above ban
the Polish legislator it prohibited from execution of the decision on obligation to return
until the time of service the final decision to a foreigner in the case concerning granting a
refugee status/granting international protection.
The use of this privilege by application for granting a refugee status/granting
international protection by persons who does not have a reasonable fear of persecution,
but are afraid to be send back from Poland, has induced the legislator to introduce legal
solutions counteracting this phenomenon.
Article 33 (4) of the Act on granting protection to foreigners within the territory of
the Republic of Poland accepts the possibility of the obligation to return of a foreigner
during the refugee procedure in the case when proceedings was initiated as a result of
submitting the application once again and the application is intended to delay or disturb
the execution of the decision on obligation to return. Since 13 November 2015 similar to
aforementioned regulations were transferred to the regulations of the Act of 12 December
2013 on foreigners (Journal of Laws of 2013 item 1650 as amended).
Additionally, Article 87 – 89 c of the aforementioned Act (Article 87 – 89 cb,
valid since 13 November 2015) are regulated by the issues of apprehension and placement
in guarded centre or applying arrest for foreigners towards persons applying for granting a
refugee status/granting international protection. On their basis, it is possible to deprive of
freedoms a foreigner with unspecified identity, a person in order to collect information on
which the application is based or in order to execute the transfer in accordance with the
so-called Dublin III Regulation, if there is a substantial probability of escape of such a
24
person, foreigner or for the purpose of performing or issuance of a decision on obligation
to return, foreigner posing a threat to defence or safety or safety and public order. The
Border Guard authorities also have the possibility to take alternative measures in relation
to detention, such as: reporting in specified time intervals to the indicated authority,
payment of cash collateral or taking residence in a designated place.
In 2015, 256 foreigners applying for the refugee status/international protection
were apprehended and placed in guarded centres or arrests for foreigners, which
constitutes the level comparable to 2014 (then 209 persons were apprehended and
subsequently detained).
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5. Aid for foreigners applying for the refugee status/granting international
protection
The Geneva Convention does not regulate the issue related to maintenance by the
accepting state of persons applying for the refugee status. Act on granting protection to
foreigners within the territory of the Republic of Poland provides the possibility of
providing such people with social aid and medical care as well as facultative, aid in
voluntary return to the country to which they have the right to enter or the aid in transfer
to the state responsible for examination of the application for granting international
protection. Social aid includes aid given in a centre or aid given beyond centre, consisting
in payment of cash benefit for covering own accommodation costs within the territory of
the Republic of Poland. Furthermore, the person who covered the costs of funeral of a
foreigner deceased during the procedure for awarding a refugee status is granted funeral
grant.
In 2015, in connection with implementation of the aforementioned statutory tasks
the Office for Foreigners spent the total amount of PLN 48,935,120.23, by approximately
7% more than in 2014 (then this amount amounted to PLN 45,549,551). The
abovementioned the funds were intended for:
-cash benefits – PLN 20 857 700.53 ,
-accommodation in rented centres – PLN 13 153 553.33,
-purchase of health services – PLN 11 303 335.23,
-food in a commissioned system – PLN 2 216 977.92,
-purchase of food – PLN 496 463.80
-aid in voluntary departure from the territory of the Republic of Poland - PLN 893
081.85,
26
-purchase of medications – PLN 14 007.57.
A considerable part of benefits is given in centres for foreigners applying for
granting a refugee status/granting international protection. According to the situation as of
31 December 2015 there were 11 centres (4 own centres of the Office for Foreigners and
7 rented centres) – there is 2 centres less than in the previous year.
At the end of 2015 4 389 people used the aid of the Office for Foreigners, 2 470 of
which were granted aid in the form of cash benefit. The general number of persons using
the social aid and medical care was thus by about 14% higher than the year before (then it
amounted to 3 821 persons).
In 2015, the Office for Foreigners continued the cooperation with International
Organization for Migration (IOM) with regard to implementation of voluntary departure
program. Last year the IOM support was used by 620 foreigners – by about 29% less as
compared to 2014.
In addition to current tasks related to giving aid to foreigners applying for granting
a refugee status/granting international protection, the Office for Foreigners also undertook
the pre-integration actions. In the Act on granting protection to foreigners within the
territory of the Republic of Poland there are no provisions indicating responsibilities of
the Office related to the implementation of pre-integration activities, which, at the same
time, means that the aforementioned Act does not give the Head of the Office possibility
for implementation of the pre-integration tasks for foreigners applying for granting a
refugee status/granting international protection. It can be only indicated that the statutory
social aid in the form of: Polish language teaching, ensuring teaching aids to children
fulfilling the schooling obligation and covering, if possible, the costs of out-of-school
classes and recreation and sports activities of the children, that constitute pre-integration
activities. In 2015, in all centres for foreigners the Office conducted lessons of Polish
language as a second language for adults, lessons of Polish language of children, which
took the form of helping with homework and conducting compensatory classes. Until 30
June 2015 lessons of the Polish language were conducted by individual teachers. Since
27
the beginning of the school year 2015/2016 Polish language classes in centres for
foreigners have been conducted and coordinated by language school selected under open
tender procedure, which employs teachers working for foreigners in the centres run by the
Office. The number of hours of language lessons for children and for adults as compared
to the previous school year has increased more that twofold (from 4980 to 11704,
including from 3140 to 7480 in the case of classes for children). The above constitutes
implementation of the recommendations of the Supreme Chamber of Control, which
conducted inspections in centres for foreigners in 2014-2015. Furthermore, since
September 2015 the classes for children have been conducted on the basis of division
into: classes for children from primary schools and classes for children from secondary
and high schools. Usually in every centre for foreigners there are two groups for younger
children and one for older. Conducting classes of Polish language for children takes place
in the system: 1 hour 3 times a week for each group in reception centres (in Biała
Podlaska and Podkowa Leśna-Dębak) and 1 hour 5 times a week for each group in other
centres. With regard to providing teaching aids to foreign children going to school, in
2014/2015 the Office purchased 890 sets of textbooks and school starter kits, while in the
school year 2015/2016 it issued vouchers for purchase of school starter kits and purchased
textbooks for 970 children (until 31 December 2015). Furthermore, in 2015 the Office
provided 18 children with coverage of the costs of out-of-school classes and recreational
and sport activities, provided that these classes continued in the case of different children
from 2 to 11 months. Cooperation with the non-governmental sector constitutes the
supplementation of the above offer with regard to pre-integration tasks.
Cooperation of the Department of Social Aid of the Office for Foreigners with
public benefit organisations for foreigners applying for granting international protection is
conducted mostly in two areas: legal counselling and pre-integration activities. Most of
the implemented pre-integration projects are intended for organization of free time for
children and the youth. Some actions are also addressed to adult foreigners and include
Polish language courses and occupational development, counselling, psychological aid
and material support.
28
In 2015, the number of implemented projects was lower due to finalisation on 30
June this year financial perspective of the SOLID Funds for 2007-2013. New perspective
of the migration funds under the name Fund for Asylum, Migration and Integration was
launched in the mid-2015 by an announcement of first competitions for subsidizing
projects. On the other hand, the actual beginning of implementation of projects which
received financial support, only in few cases, began in the last months of 2015.Other
projects will be implemented at the beginning of 2016. In 2015 the Office together with
Polskie Forum Migracyjne (Polish Migration Forum) Foundation completed the
implementation of the partner project "From tolerance to integration", which consisted in
building good intercultural relations in municipalities where refugee centres operate. The
project was directed primarily to small municipalities where centres for foreigners
operate. The project was aimed at building openness, overcoming mutual stereotypes and
at counteracting discrimination, racism and xenophobia in local communities. The project
lasted since March 2014 to November 2015. The project was co-financed from the funds
of the Financial Mechanism of the European Economic Area (EEA) and the funds of the
Office for Foreigners, under the program "Citizens for democracy". At the same time in
2015, the Office declared participation as a partner in 9 projects under Fund for Asylum,
Migration and Integration: "Refugee.pl 5" in partnership with Refugee.pl Foundation of
Małgorzata Jasiczek – Gebert, "Lotni prawnicy - pomoc i informacja prawna" (Swift
lawyers- legal help and aid) in partnership with Refugee.pl Foundation of Małgorzata
Jasiczek-Gebert "Polski na dobry start" (Polish for good start) - in partnership with
Linguae Mundi Foundation "Daj mi szansę – poprawa dostępu do poradnictwa prawnego
dla osób szczególnej troski poszukujących ochrony w Polsce" (Give me a chance-
improvement of access to counseling for persons with special needs seeking protection in
Poland) in partnership with Association of Legal Help Centre of Halina Nieć "Chrońmy
dzieci w ośrodkach dla uchodźców - kompleksowy system ochrony dzieci przed
przemocą i wykorzystaniem" (Let’s protect children in refugee centres – complex system
of children protection against violence and abuse) in partnership with Dzieci Niczyje
Foundation i Ocalenie Foundation "Immigrants in Action – program for support and
29
Integration of foreigners in Poland" in partnership with Foundation for Somalia "Razem
dla integracji" (Together for Integration) in partnership with Association of Centre of
Voluntary Service in Lublin "Dostrzegam, pomagam – integracja oraz rozwój działań i
procedur Urzędu do Spraw Cudzoziemców i Straży Granicznej w zakresie kompleksowej
identyfikacji grup wrażliwych wśród osób poszukujących ochrony na terytorium RP." (I
see, I help – integration and development of actions and procedures of the Office for
Foreigners and the Borger Guard regarding comprehensive identification of sensitive
groups among persons seeking protection within the territory of the Republic of Poland)
in partnership with Border Guards Różnosfera Foundation "Nowy Dom Polska" (New
Home Poland) in partnership with Caritas Polska.
Additionally to the above partner projects in 2015, the Office ordered the following
actions to non-governmental organizations on the basis of civil contracts or procurements:
-organization and conducting of educational and sport classes for children in centre
in Targówek (Foundation for Freedom, PLN 18 540),
-Development for the needs of the Department of Social Aid of the Procedure of
Prevention of violence against children and its pilot implementation in centres in Dębak
and Linin (Dzieci Niczyje Foundation, PLN 54 420),
-organization of Open Days in 11 centres for foreigners (several organizations,
PLN 33 000),
-informational meetings for foreigners applying for granting international
protection in Mazowieckie Voivodship (Rule of Law Institute, PLN 15 600).
Furthermore, as part of various projects and initiatives in 2015, the Department of
Social Aid cooperated with: Foundation for Tolerance through Intercultural
Understanding, Helsinki Foundation for Human Rights, Association for Legal
Intervention, MultiOcalenie Foundation, La Strada Foundation, One World Association,
Ośrodek Praw Człowieka Uniwersytetu Jagiellońskiego, Fundacja Dialog, Dla Ziemi
Association, Vox Humana Association, Stowarzyszenie Przyjaciół Międzynarodowego
30
Ruchu ATD Czwarty Świat, Institute of Public Affairs Foundation, Homo Faber
Association, Fundacja Studencki Ośrodek Pomocy Prawnej przy Wydziale Prawa i
Administracji Uniwersytetu Warszawskiego – Klinika Prawa UW, Droga Association,
Stowarzyszenie Społeczno-Kulturalnego ETHNOS, Studencka Poradnia Prawna UJ
Kraków, Jezuickie Centrum Społeczne "W Akcji", Stowarzyszenie Praktyków Kultury
and Stowarzyszenie na rzecz Kultury i Dialogu 9/12.
6. Implementation of the Geneva Convention and New York Protocol with regard
to issuing documents to refugees
Article 28 (1) of the Geneva Convention states that the states shall issue to refugees
lawfully staying in their territories travel documents for the purpose of travelling outside
their territories, unless compelling reasons of national security or public order require
otherwise. Appendix to the Geneva Convention contains detailed provisions referring to
travel documents for refugees. These standards are fully implemented in Poland.
Travel document issued to the recognized refugees by the Head of the Office for
Foreigners is consistent with the template specified in the above mentioned Appendix.
According to paragraph 3 of the appendix the fees collected for issuing of the document
should not exceed the lowest fees collected for national passports. Poland stopped
charging fees for issuing travel documents mentioned in the Geneva Convention.
The document, except for particular or exceptional cases, shall be issued for the
possibly greatest number of states (§ 4 of the appendix) and the period of its validity
should be one or two years, depending on discretion of authorities issuing it (§ 5 of the
appendix). In connection with the regulations of Council Regulation no. 2252/2004/EC of
13 December 2004 on standards concerning protections and biometric data in passports
and travel documents issued by Member States (OJ EU L 385 of 29 December 2004),
starting from 28 August 2006 travel documents planned in the Geneva Convention were
31
issued for the period of 1 year. According to the aforementioned Regulation, the travel
documents validity period of which exceeds 12 months, must contain duly protected
carriers of data with biometric data, i.e. image of a face and finger prints of the document
holder. This requirement has been fulfilled as of 29 June 2009, therefore, travel
documents planned in the Geneva Convention began to be issued for the period of 2 years
Furthermore, it is worth mentioning that Poland is a party to the European
Agreement on cancellation of visas for refugees, prepared in Strasbourg on 20 April 1959
and to the European Agreement on transferring responsibility for refugees, prepared in
Strasbourg on 16 October 1980.
32
7. Cooperation with High Commissioner of the United Nations for refugees
Pursuant to Article 35 (1) of the Geneva Convention the states undertake to
cooperate with Office of the United Nations High Commissioner for Refugees (the
UNHCR) or any other agency of the United Nations, which may supersede it, in the
exercise of its functions and shall in particular facilitate its duty of supervision the
application of the provisions of this Convention.
Act on granting protection to foreigners within the territory of the Republic of
Poland grants representative of the UNHCR a number of rights, among others the right to
freely contact a foreigner, access the information on the course of the refugee
proceedings, access to case files and the right to submit opinions, documents and
materials to the case files.
In 2015, similarly as in previous years, the Head of the Office for Foreigners
cooperated with the Representative Office of the UNHCR in Poland in all aspects
significant for refugees and persons applying for granting such status. Opinions of the
UNHCR concerning situation in the countries of origin of applicants were considered in
the course of proceedings on granting the refugee status.
It should be also indicated that in the previous year the Office for Foreigners
continued the cooperation with the UNHCR under comparative studies refugee
proceedings quality.
Additionally, the Office for Foreigners participated in the UNHCR project "Asylum
Quality Systems Initiative in and Eastern Europe the Southern Caucasus". Poland was the
state of good practices next to Germany, Romania and Sweden. On the other hand, the
beneficiaries of the project were: Armenia, Azerbaijan, Belarus, Georgia, Moldova and
Ukraine. The purpose of the project was to support the refugee and international
protection in countries of Eastern and Southern Caucasus as well as improvement in the
33
quality of decision-making process. Implementation of the project was finished in May
2015, while the continuation of the 2nd phase of the project is planned until December
2017
34
8. Implementation of the Geneva Convention and New York Protocol in the
context of the Republic of Poland's accession to the European Union
Along with its accession to the European Union Poland was covered with, among
others Council Regulation (EC) no. 343/2003 of 18 February 2003 establishing the
criteria and mechanisms of determining a Member State, which is responsible for
examination of the application on granting asylum submitted in one of Member States by
a citizen of a third country (OJ EC, No. L 50 of February 2003). Since 1 January 2014 for
issues of responsibility for examination of applications for granting the refugee status
shall apply the Regulation of the European Parliament and of the Council (EU) No.
604/2013 of 26 June 2013 on establishing criteria and mechanisms of determination of a
Member State responsible for examination of the application for international protection
submitted in one of the Member States by a third country citizen or a stateless person
(transformed version) (OJ EU L 180 from 29.06.2013, page. 31).
The Regulation assumes responsibility of only one Member State for examination
of an application for granting a refugee status/granting international protection. A
foreigner who shall submit subsequent application in another country using the
Regulation shall be transferred to the state, which is responsible for examination of its
application, according to the criteria contained therein. During determination of
responsibility of a state for examination of the application circumstances are taken into
consideration, among others related to the entrance and stay of a foreigner on the territory
of the states applying the Regulation as well as the possibility of union of a foreigner with
family members who received the refugee status in other countries.
The practice shows that Poland is still treated by foreigners as a transit state and
the actual goal of the majority of persons applying for granting a refugee status/granting
international protection in Poland is to legalise a stay in other countries which provide
access to the highest social benefits. Meanwhile, after the foreigner’s entry to Poland and
submission of an application for granting a refugee status, the Regulation practically
35
prevents them from effective application for such a status in subsequent countries
applying it.
In 2015, under the aforementioned regulations of the Regulation Poland received 6
395 applications from other states, most of which was based on finger prints identification
in the Eurodac system. The largest number of applications was sent to Poland by
Germany – 3 775 applications, France – 901 applications, Austria – 438 applications and
Sweden – 272 applications. 5 445 applications were examined positively (approximately
85%). In 2015 Poland received 899 foreigners.
Poland issued 186 applications to other countries, the largest number to Germany –
81 France - 30, Italy – 17 and Austria – 11. The majority of them was based on the
principle of uniting family members and humanitarian reasons. 145 applications were
Dublin procedures in 2015 „in”
SLOVENIA
ROMANIA
LITHUANIA
GREECE
HUNGARY
LATVIA
BULGARIA
IRELAND
MALTA
LUXEMBOURG
UK
SPAIN
FINLAND
PORTUGAL
NORWAY
CZECH REPUBLIC
ITALY
NETHERLANDS
DENMARK
SWITZERLAND
BELGIUM
SWEDEN
AUSTRIA
FRANCE
GERMANY
Number of submitted applications
Number of transferred persons
Positive decisions
36
examined positively (approximately 78%). In 2015,18 people were transferred from
Poland to other countries applying the Regulation.
The above data indicate that in relation to 2014 (6 944 applications, 5 922 positive
decisions – approximately 85%, 656 transferred foreigners) the number of applications
sent to Poland from other states in the last year increased slightly, while the percentage of
positively handled cases remained stable and the number of transferred persons was
slightly larger than the year before.
With regard to the proceedings of the "out" type, there were visible decrease
tendencies regarding the number of transferred persons (2014 - 42 transferred persons,
2015 - 18 transferred persons), while an increase was recorded in reference to recognition
Dublin procedures in 2015 „out”
SWEDEN
DENMARK
NORWAY
NETHERLANDS
SWITZERLAND
SPAIN
FINALND
BELGIUM
AUSTRIA
ITALY
FRANCE
GERMANY
Number of submitted applications
Number of transferred persons
Positive decisions
37
(2014 - 52%, 2015 - 78%), with similar number of applications submitted by Poland to
other countries (2014 - 184 applications, 2015 - 186 applications).
Act on granting protection to foreigners within the territory of the Republic of
Poland is consistent with a majority of legal acts in the field of refugee binding in the
European Union. The following regulations were transposed to the Act:
-Council Directive no. 2001/55/EC of 20 July 2001 on minimum standards of
providing temporary protection in the case of mass inflow of refugees and on activities
undertaken for the purpose of spreading efforts between Member States to accept these
persons and consequences of such acceptance (OJ No. L 212, of 7 August 2001),
-Directive on minimum standards of accepting persons applying for asylum,
-Directive on minimum qualifying standards and status of third country citizen or
stateless persons as refugees or as persons who for other reasons need international
protection and the scope of protection granted (OJ No. L 304 of 30 September 2004) and
-Directive on establishment of minimum standards concerning procedures of
granting and withdrawing a refugee status.
-Directive of the European Parliament and the Council 2011/95/EU of 13
December 2011 on standards concerning qualifying of third country citizen or stateless
persons as beneficiaries of international protection, uniform refugees status or persons
qualified for granting the subsidiary protection and the scope of granted protection (Dz.
Urz. EU L 337 from 20.12.2011, page 9).
On the other hand, since 13 November 2015, i.e. as of the effective date of the Act
of 10 September 2015 amending the Act on granting protection to foreigners within the
territory of the Republic of Poland and some other acts, the following regulations was
implemented on the state level:
-Directive of the European Parliament and the Council 2013/32/EU of 26 June
2013 on common procedures for granting and withdrawal of international protection
(transformed version),
38
-Directive of the European Parliament and the Council 2013/33/EU of 26 June
2013 on establishing standards concerning accepting applicants applying for
international protection (transformed version),
-Regulation of the European Parliament and the Council (EU) No. 604/2013 of 26
June 2013 on establishing criteria and mechanisms of determination of a Member State
responsible for examination of the application for international protection submitted in
one of Member States by a third country citizen or a stateless person (transformed
version).
The consequence of Polish membership in the European Union is not only the need
to adjust the provisions of the national law for the EU regulation, but also a possibility to
use EU funds, including the European Fund for Refugees (EFU).
In 2015, the Office for Foreigners implemented the following projects co-financed
from the EFU:
1. The project no. 6/12/EFU "Optimization of access of employees of the
Department of Refugee Proceedings of the Office for Foreigners to information
on countries of origin". The project was implemented from April 2013 to June
2015 and constituted continuation of the project no. 1/7/2009/EFU, which was
completed in May 2013. It included actions aimed at improvement in quality
and acceleration of refuge procedure by increase in information resources about
countries of origin and improvement of access thereto
2. Project no. 2/14/EFU "First steps in Poland II – practical guide for foreigners
applying for granting a refugee status in Poland". The project was
implemented from November 2014 to June 2015 It constituted continuation of
the project "First steps in Poland – practical guide for foreigners applying for
granting a refugee status in Poland" (3/11/2011/EFU). Purchase of information
packages for foreigners provided in centres for foreigners and points of
foreigner service run by the Office was planned as part of the project.
3. Project no. 3/14/EFU "Study visits III". The project was implemented since
October 2014 to June 2015.Study visits were organized in 5 European countries
39
for the total number of 38 employees of the UdSC. In this respect the Office
started a cooperation with: The Irish, Finns, Austrians, Belgians and Britons.
Within the project the employees of UdSC reviewed solutions that are used for
the organization of social aid for foreigners applying for the refugee status.
4. Project no. 4/14/EFU "Material support for foreigners applying for the refugee
status. Purchase of school starter kits and layette articles". The project was
implemented from June 2014 to June 2015. Two actions were planned as part
of the project: purchase of commodity vouchers for kits for children fulfilling
the schooling obligation, purchase of layette articles and baby prams.
5. Project no. 5/14/EFU "Streamlining identification of persons with special needs
in the procedure for granting the refugee status". The project was implemented
from September 2014 to June 2015.It assumed preparation of an identification
procedure of persons with special needs on the basis of psychological
examinations. Additionally, the project included preparation and furnishing of
an appropriate room in the seat of the Office which would meet the
requirements of psychological office, creating comfortable conditions for
sensitive groups. Furthermore, study visits to offices of the Polish Border
Guard in Medyka, Hrebenne, Tiraspol and Kuźnica were planned as part of the
project.
6. Project no. 6/14/EFU "Research missions to the countries of origin". The
project was implemented from November 2014 to June 2015.Two research
missions were organised as part of the project: to Iran and to Vietnam. They
were attended by the employees of UdSC – experts of the Department of
Information about Countries of origin of the Department of Refugee
Proceedings and other employees of the Office conducting administrative
procedures in the cases involving granting protection on the territory of the
Republic of Poland. During the mission its participants had an opportunity to
meet a number of people and visit institutions, having a knowledge valuable
from the point of view of the mission.
40
7. Project no. 7/14/EFU "Study visits of the employees of the Dublin Proceedings
Department". The project was implemented since October 2014 to June
2015.Study visits were organized in France and the Netherlands in these states'
asylum offices for the purpose of exchange of information and experience
about Dublin procedures, refugee procedures including social aid for
applicants, verification of documents, identification of foreigners, circulation of
documents, use IT systems and databases.
41
9. Conclusion
In the opinion of the Head of the Office for Foreigners, in 2015, the Republic of Poland
fully completed obligations arising from the Geneva Convention and the New York
Protocol.
42
10. Appendices (statistical tables)
Table 1: The number of applications for granting a refugee status/granting
international protection submitted in 2015 and persons covered with them
Citizenship Applications Persons
AFGHANISTAN 13 19
ALGIERIA 2 2
ARMENIA 73 195
AZERBAIJAN 9 17
BANGLADESH 8 8
WITHOUT CITIZENSHIP 34 45
BELARUS 19 25
CHINA 4 5
DEMOCRATIC REPUBLIC OF CONGO 1 1
EGYPT 13 14
ERITREA 3 4
ETHIOPIA 1 1
GAMBIA 1 1
GHANA 2 2
GEORGIA 134 394
GUINEA 0 1
INDIA 5 5
IRAQ 44 62
IRAN 13 14
YEMEN 4 9
JORDAN 3 3
KAMERUN 2 2
CANADA 0 2
KAZAKHSTAN 13 31
KYRGYZSTAN 61 147
CONGO 6 6
CUBA 3 3
LEBANON 0 1
LIBYA 5 6
LUXEMBOURG 0 1
MADAGASCAR 1 1
MOLDOVA 1 1
MONGOLIA 1 8
NEPAL 3 3
43
UNIDENTIFIED 3 3
NIGERIA 4 4
PAKISTAN 25 26
PALESTINE 0 1
RUSSIA 2713 7989
including Chechnya 2469 7361
RWANDA 2 2
SENEGAL 4 4
SOMALIA 2 2
SRI LANKA 3 4
SUDAN 1 1
SYRIA 190 295
TAJIKISTAN 178 541
TUNISIA 2 2
TURKEY 10 15
TURKMENISTAN 1 1
UKRAINE 1231 2305
UZBEKISTAN 20 34
VIETNAM 56 56
IVORY COAST 1 1
FINAL SUM 4927 12325
44
Table 2: Number of people towards whom the Head of the Office for Foreigners
issued in 2015, a decision in the procedure for granting a refugee status/granting
international protection
Citizenship The refugee
status Subsidiary protection
Permission for tolerated stay
Negative Amortization TOTAL
AFGHANISTAN 8 7 2 4 12 33
ALGIERIA 1 - - 1 2 4
ANGOLA - - 1 - - 1
ARMENIA - 1 10 43 146 200
AZERBAIJAN - - - 3 12 15
BANGLADESH 1 - - 2 8 11
WITHOUT CITIZENSHIP 20 1 - 5 34 60
BELARUS 14 1 - 18 13 46
CHINA 2 - - 3 6 11 DEMOCRATIC REPUBLIC OF CONGO - - 1 - 1 2
EGYPT 15 - - 3 3 21
ERITREA - 9 - - 2 11
ETHIOPIA - - - - 1 1
FRANCE - - - - 1 1
GAMBIA - - - 1 - 1
GEORGIA - - 6 121 348 475
GUINEA - - 2 - 3 5
INDIA - - - 3 2 5
IRAQ 24 24 - 1 19 68
IRAN 5 - - 5 9 19
YEMEN - 3 - - 6 9
JORDAN 2 - - 5 - 7
KAMERUN - - - 1 - 1
CANADA - - - - 1 1
KAZAKHSTAN - 2 - 24 16 42
KYRGYZSTAN 5 - - 90 87 182
CONGO - - - 1 - 1
CUBA 8 - - - - 8
LEBANON - - - 2 1 3
LIBYA 1 2 - - 5 8
MALI - - - - 1 1
MOROCCO 1 - - - 1 2
MOLDOVA - - - 1 - 1
MONGOLIA - - - 3 - 3
NEPAL - - - - 3 3
UNIDENTIFIED - - - 1 1 2
NIGERIA - - - 4 3 7
PAKISTAN - - - 10 18 28
PALESTINE 1 1 - - 2 4
ENTRAL AFRICAN REPUBLIC 1 - - 1 - 2
RUSSIA 21 104 91 670 6566 7452
including Chechnya 19 94 75 593 6045 6826
RWANDA 2 - - - 3 5
45
SENEGAL - 1 - 1 - 2
SOMALIA - 2 - - 2 4
SRI LANKA - - - 1 1 2
SUDAN - - - - 1 1
SYRIA 203 3 - 1 90 297
TAJIKISTAN 1 - - 18 498 517
TOGO - - 1 - - 1
TUNISIA - - - 3 - 3
TURKEY - - 2 5 2 9
TURKMENISTAN 12 - - 3 - 15
UGANDA - - - - 1 1
UKRAINE - 6 6 1775 764 2551
UZBEKISTAN - - - 16 13 29
VIETNAM - - - 28 14 42
IVORY COAST - - - - 2 2
FINAL SUM 348 167 122 2877 8724 12238
46
Table 3: Number of people towards whom the Head of the Office for Foreigners
issued in 2015, the decision on depriving of international protection
Citizenship Deprivation of the
subsidiary protection
Deprivation of a refugee status
TOTAL
AFGHANISTAN - 11 11
IRAQ - 4 4
RUSSIA 21 2 23
SOMALIA - 1 1
FINAL SUM 21 16 39
Table 4: Number of people towards whom the Head of the Office for Foreigners
issued in 2015, in the procedure for granting a refugee status/granting international
protection the decision on withholding the execution of the decision on obligation to
return
Citizenship Number of people
RUSSIA 7