1. EMN Conference, The Hague, 24 April 2013
CEAS, A JUDICIAL REALITY OR ACTUAL PRACTICE? POLAND AND THE QUALIFICATION DIRECTIVE
EMN Conference, The Hague, 24 April 2013

2. International protection: evolution of national legislation
Early 90. and first asylum applications in Poland
The use of temporary protection before the adoption of the EU acquis
Act of 13th June 2003 on granting protection to foreigners within the territory of the Republic of Poland
principles, conditions and procedures for granting protection to foreigners within the territory of the Republic of Poland;
authorities competent in the asylum matters;
modified by several Amendments in accordance with i.a. the Qualification Directive

3. Forms of international protection
Non-EU harmonised protection statuses
EU harmonised protection statuses
In ad-hoc situations
temporary protection before the adoption of the EU acquis
In permanent use asylum and tolerated stay
medical grounds
family reasons
Illegally staying unaccompanied minors
stateless
tolerated stay/suspension of removal
witnesses to criminal proceedings
victims of special offences
„national interest”
victims of environmental disasters
Refugee status
Subsidiary protection
Temporary protection
single refugee procedure
Protection statuses granted to victims of human trafficking

4. International protection: evolution of national legislation
Amendments to the national law: Act of 13 June 2003 on granting protection to foreigners within the territory of Poland
„Polish migration policy – current situation and further actions”
New Act on Foreigners (final stage of preparations)
Draft scenarios in case of i.a. massive inflow of foreigners seeking international protection in Poland

5. The influence of the Qualification Directives
Changes in the Act of 13 June 2003 on granting protection to asylum seekers within the territory of Poland :
introduction of a subsidiary protection (result: decrease in number of humanitarian statuses granted – permits for tolerated stay)
clarify the rules on procedure for granting refugee status to streamline the procedure
strenghtening of the non-refoulment principle
introduction of relocation and ressetlement
focus on benefits granted international prtection status (i.a. work, integration)

6. The influence of the Qualification Directives
New strategic document „Polish migration policy – current situation and further actions”:
introduction of the resettlement and relocation
the conditions to be granted a permit for tolerated stay shall be clearly divided due to reasons linked with the situation in the country of provision (in cases of international protection) and the "humanitarian" protection (linked only to the issues concerning the right to family life, privacy, etc.)
implementation of the pre-integration actions for foreigners awaiting a decision on international protection
introduction of the institution mentor / assistant for persons covered by the programs of integration and professional activation of refugees

7. General trends in international protection
The number of applications starts to grow again
The number of first applications submitted in 2012 and 2013 (by month)
Source: Office for Foreigners (System „POBYT”)

8. General trends in international protection
Main determinants of the refugee procedure in Poland
Homogenous group of migrants (Caucasus region)
Families
Documented applicants
Influx mainly through one border crossing point
Main countries of origin of asylum aplicants are:
Russia (of Chechens nationality)
Georgia
Armenia
Ukraine and Belarus
Source: Office for Foreigners (System „POBYT”)

9. International protection in Poland
year
Total number of persons who were granted protection on the territory of Poland
Number of persons who were granted one of the forms of protection harmonised with the EU law on the territory of Poland
Number of persons who were granted one of the national forms of protection on the territory of Poland
refugee status
subsidiary protection
temporary protection
asylum
permit for tolerated stay under refugee procedure
permit for tolerated stay under expulsion procedure
other circumstances of granting permit for tolerated stay*
2008
2957 (100%)
193 (7%)
1077 (36%)
1527 (52%)
46 (2%)
114 (4%)
2009
2781 (100%)
133 (5%)
2377 (85%)
82 (3%)
68 (2%)
111 (4%)
2010
677 (100%)
84 (12%)
229 (34%)
210 (31%)
110 (16%)
44 (6%)
2011
765 (100%)
157 (21%)
207 (27%)
211 (28%)
154 (20%)
36 (5%)
2012
666 (100%)
106 (16%)
164 (25%)
319 (48%)
67 (10%)
10 (2%)
TOTAL
17581
1988
4054
10065
842
622
* Circumstances in which permits for tolerated stay are issued, if the decision on expulsion was unenforceable for reasons beyond the control of the authority in charge of enforcing decision on expulsion and beyond the control of a foreigner; court issued a judgment on the inadmissibility of a foreigner’s extradition; the Minister of Justice issued a decision on refusal to extradite a foreigner.
Source: Office for Foreigners (System „POBYT”)

10. General trends in international protection
Poland vs other EU countries with a total number of decision on refugee status granted
Source: EUROSTAT
Source: EUROSTAT

11. Refugee status and the decision-making process
 year
Country of origin: Russia
Country of origin: Georgia
Country of origin: Belarus
Min. EU
Max. EU
Poland
2008
1,78%
25,32%
3,41%
6,02%
12,16% 0%
7,14%
63,64%
37,50%
2009
2,19%
30,00%
1,56%
8,05%
7,69%
44,44%
2010
1,40%
45,16%
0,55%
1,69%
50,00%
2011
3,82%
1,25%
10,00%
1,96%
57,14%
2012
3,46%
75,00%
0,85%
20,00%
2,04%
60,00%
55,56%
Source: Office for Foreigners (System „POBYT”) and EUROSTAT database

12. Up-to-date practice
Due to geographical matters the number of foreigners applying for international protection differs between the EU countries
Diversity of reception conditions (social policy and integration programmes) and the decision-process practice (type of protection statuses granted) have also an important impact in the process of CEAS creation
Paramount of EU harmonised protection statuses granted in majority of EU countries (over non-EU harmonised statuses)

13. Areas of necessary changes (UNHCR, ECRE)
Conditions for granting international protection should be harmonised at a higher level
actors of protection;
internal protection
Persons fleeing persecution and other forms of serious harm should have access to an equivalent level of rights
Refugee status should only end when all reasons for persecution have ceased
Applicants should enjoy the benefit of the doubt

14. Qualification Directive vs CEAS objectives
EU common solidarity principle, exchange of information regarding countries of origin, trainings of asylum officials as well as the Asylum Support Teams are expected to strenghten the system
European Asylum Support Office shall promote the need to use the same eligibility criteria for international protection (important role of the EAC curiculum)
Further harmonisation is needed (2015 as a reference year)

15. Thank you for your attention!!
EMN National Contact Point to Poland
Joanna Sosnowska