Report „Seeking refuge in Poland: a fact-finding report on access to asylum and reception conditions for asylum seekers”
At the beginning of the crisis at the Belarusian border in 2021, Poland became the centre of attention in Europe for its response to what it defined as a “hybrid attack” from the Lukashenko regime. Other voices were raised in concern about the conditions in which migrants, having been forced to the border by Belarusian border guards, were left to survive in Polish forests and the violent pushbacks to which they were subjected.
On this occasion, Poland also introduced specific legislative changes allowing for the immediate removal of individuals encountered while irregularly crossing the country’s “green border.” The national and European focus rapidly shifted to another Polish border after the outbreak of war in Ukraine. A very different response was given to the new arrivals, with Polish authorities and civil society organisations working together to grant access to Ukrainian refugees.
ECRE’s research has focused on Poland as part of the Asylum Information Database (AIDA), against a backdrop of increasing numbers of asylum seekers in the country, the challenges faced by migrants attempting to access Polish territory at the Polish-Belarusian border since mid-2021, and the unprecedented numbers of arrivals as a result of the Russian invasion of Ukraine’s territory. The purpose of ECRE’s visit was to examine conditions and access to the asylum procedure and temporary protection, as well as reception conditions in the country, and to understand whether the large number of new arrivals has put the system under strain.
This report analyses practices at the border and their implications for access to asylum and the reception conditions provided within the country. It also focuses on detention conditions for asylum seekers, an issue various stakeholders have raised as an area of concern in Poland. The report sets out the results of a fact-finding visit to Poland conducted between 7 November and 10 November 2022. During this period, the ECRE delegation visited:
- Warsaw, where it met with the Supreme Administrative Court; the Polish Border Guard; the Ministry of the Interior; the Office for Foreigners; UNHCR, Frontex’s Fundamental Rights Officer; the Polish Commissioner for Human Rights, and the following civil society organisations: the Helsinki Foundation for Human Rights; the Association for Legal Intervention, the Ocalenie Foundation and the Club of Catholic Intelligentsia (KIK);
- Białystok and the surrounding area, where it met with the Regional Office of the Border Guard, as well as the organisations KIK and Egala;
- Reception Centre in Dębak, temporarily undergoing renovation but which usually functions as a first reception centre where applicants register their asylum applications;
- Białystok Reception Centre.
The information and data collected from interviews and observations made at the various sites visited are complemented by desk research and authoritative sources on the treatment of people at Polish borders, as well as at reception and detention facilities.
The report is structured into two chapters: Chapter I documents the evolving situation of access to Polish territory, especially as regards the border with Belarus. It also briefly focuses on the situation of asylum seekers in that country and any potential related protection risks. Contextually, it also considers the different response given to the displacement crisis from Ukraine. Chapter II assesses the situation asylum seekers face in reception and detention facilities in the country. Although reception does not appear to constitute a major problem in the country, various concerns emerged regarding migration detention, including shortfalls in terms of access to procedural safeguards and guarantees for vulnerable applicants, as well as particular challenges relating to access to legal assistance and psychological support for detainees. The final section contains general conclusions and recommendations for the Polish authorities.
