Filing an application for granting asylum
Asylum (which should not be confused with international protection, i.e., refugee status and subsidiary protection) is granted pursuant to the regulations of the Act of 13 June 2003 on Granting Protection to Foreigners within the Territory of the Republic of Poland, when it is deemed necessary to provide them with protection or when the vital interest of the Polish state so requires.
The applications for granting asylum are handled by the Head of the Office for Foreigners.
Application for granting asylum may be submitted while staying in the Republic of Poland or while staying abroad. The application is submitted directly to the Head of the Office for Foreigners. The application may also include other persons, in particular the spouse of the applicant or minor children. The spouse of the applicant must grant his or her written consent for submitting the application for asylum on his or her behalf or on the behalf of their minor children. Such consent acts as the power of attorney for the applicant to act on behalf of the aforementioned persons.
There is no dedicated asylum application form, however asylum application must contain the following elements:
- personal details of the applicant and the person on whose behalf the applicant acts, within the scope necessary to grant asylum,
- indication of the country of origin of the applicant and the person on whose behalf the applicant acts,
- indication of key events serving as the basis for seeking asylum.
A foreigner who applies for granting asylum while remaining in the Republic of Poland shall be obliged to have his or her fingerprints and photograph taken. If the person remains abroad, he or she shall attach a photograph to the application; after arrival in the territory of the Republic of Poland on the basis of a national visa in order to participate in a proceeding on granting asylum or due to granting asylum – have his or her fingerprints taken.
The fingerprints taking and photographic procedures are handled by the commander of the Border Guard department having territorial jurisdiction over the Capital City of Warsaw. In the event that a foreigner fails to carry out the aforementioned obligations, his or her asylum application shall be left without consideration.
As part of the asylum procedure, unaccompanied minors have an additional right to receive a temporary Foreigner’s Identity Certificate and the right to receive social assistance.