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Results of the procedure

Positive decision

The procedure for granting asylum may conclude with a positive decision – on granting asylum, a decision on the refusal of asylum application or a decision on termination of the proceedings. If a person is not satisfied with the settlement, he or she has the right to apply to the Head of the Office for Foreigners to re-examine the case. Without using the right to file an application for reconsideration of the case, a party may lodge a complaint with the Voivodeship Administrative Court in Warsaw via the Head of the Office for Foreigners.

Before issuing the decision on granting asylum, the Head of the Office for Foreigners requests the commanding officer of the Border Guard division, the commanding officer of the Voivodeship Police Headquarters, the Head of the Internal Security Agency, and – if necessary – also other authorities to provide information on whether the applicant or the person on whose behalf the application is made, are subject to the circumstances referred to in art. 19 item 1(3) or 20 item 1(2) or 20 item 1(2) or 20 item 1(3) of the Act of 13 June 2003 on granting protection to foreigners within the territory of the Republic of Poland (this does not apply to persons under 13 years of age). The issuance of an asylum decision is also subject to the approval of the minister responsible for foreign affairs.

A foreigner who has been granted asylum on the territory of the Republic of Poland shall be granted a permanent residence permit. Relevant information are provided under the following link https://udsc.gov.pl/cudzoziemcy/obywatele-panstw-trzecich/chce-osiedlic-sie-w-polsce/zezwolenie-na-pobyt-staly/dla-cudzoziemca-ktoremu-udzielono-w-polsce-azylu/

A foreigner who has been granted asylum may be issued with a decision to oblige him or her to return only after revoking asylum.

A person who has asylum may be deprived of it in the following events:

  •  the cessation of reasons for granting the asylum,
  •  the person engages in activities directed against national defence or security or against public security and order.

Such decision is issued by the Head of the Office for Foreigners. The termination of the asylum decision is also subject to the approval of the minister responsible for foreign affairs.

Other decision

The procedure for granting asylum may conclude with a positive decision – on granting asylum, a decision on the refusal of asylum application or a decision on termination of the proceedings. If a person is not satisfied with the settlement, he or she has the right to apply to the Head of the Office for Foreigners to re-examine the case. Without using the right to file an application for reconsideration of the case, a party may lodge a complaint with the Voivodeship Administrative Court in Warsaw via the Head of the Office for Foreigners.

A foreigner will be refused asylum if he or she does not fulfil the conditions for granting asylum, i.e.: it is not necessary to provide him/her with protection or it is necessary, while an important interest of the Republic of Poland does not support granting asylum. It may also happen that there are circumstances excluding him/her from the possibility of obtaining protection in Poland, indicated in art. 19 sec. 1 clause 3 or sec. 2 or art. 20 sec. 1 clause 2 or 3 of the Act on granting protection to foreigners within the territory of the Republic of Poland of 13 June 2003.

The Head of the Office for Foreigners may also discontinue the proceedings if for any reasons they become pointless (e.g., if a person resigns from further applying for asylum).

If a person receives a decision on refusal to grant asylum or on discontinuation of such proceedings, he or she shall be obliged to leave the territory of the Republic of Poland within 30 days from the date on which the decision issued in the first instance becomes final, or from the date on which the decision is issued by the Head of the Office for Foreigners as a result of the submitted application for reconsideration of the case. Without using the right to file an application for reconsideration of the case, a party may lodge a complaint with the Voivodeship Administrative Court in Warsaw via the Head of the Office for Foreigners.

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