The Rule of Law Institute is one of the non-governmental organizations on the list of the Head of the Office for Foreigners that provide free legal aid to foreigners applying for international protection.
Free legal assistance is provided to a foreigner and applicant towards whom a decision depriving him/her of refugee status or subsidiary protection was issued, and who acts without a lawyer.
Free legal assistance is provided by:
• lawyer, legal adviser or
• a person who is not a lawyer or legal adviser employed by the NGO engaged in charitable activities, authorized to provide free legal assistance.
In 2021, 5 years have passed since the UDSC launched the system of reimbursement of the costs of representation before the Council for Refugees of foreigners, who apply for granting international protection (Art. 69c-69m of the Act of June 13, 2003 on granting protection to foreigners within the territory of the Republic of Poland). This year, on Christmas Eve, 10 years will also pass from the deadline given to the Member States to adopt the provisions necessary to implement Art. 13 (4) of Directive 2008/115 on common standards and procedures in Member States for returning illegally staying third-country nationals. Under this provisions, Member States shall ensure that [also in return proceedings] “the necessary legal assistance and/or representation is granted on request free of charge in accordance with relevant national legislation or rules regarding legal aid, and may provide that such free legal assistance and/or representation is subject to conditions as set out in Article 15(3) to (6) of Directive 2005/85/EC”. Draft legislation implementing this standard was announced in 2017 by the Minister of the Interior and Administration, but has not yet been submitted to the Sejm.
Currently, in partnership with UNHCR, we also focus on monitoring the implementation of free legal assistance.
More information about providing free legal assistance on the website of The Office for Foreigners:
https://udsc.gov.pl/en/urzad/bezplatna-pomoc-prawna/informacja-ogolna/
The project is funded by the Active Citizens – National Fund program, financed by the EEA Grants
