Asylum in Poland
At present, the word ‘asylum’ is commonly used as a synonym for international protection, that people who underwent certain forms of persecution may apply for. The key difference between asylum and international protection are the circumstances under which the Lawmaker allows for each form of protection to be granted. The circumstances for granting international protection have been underlined in Article 13.1 of the Act on Granting Protection to Foreigners in the Territory of the Republic of Poland according to which, a foreigner may receive refugee status on the grounds of a well-founded fear of persecution in the country of origin on the basis of race, religion, nationality, political views or association with a specific social group and if they are either unable or unwilling to use the protection provided in the said country. On the other hand, the circumstances for granting asylum were listed in Article 90 of the same Act and according to them, asylum may be granted to a foreigner when it is crucial for providing them with safety and when it aligns with Polish national interests. Considering the wording of both Articles, it should be noted that a common element between both is some kind of a threat that the foreigner is wary of. While in the case of international protection the examples of the forms that the said threat may take have been indicated in Article 13.4 of the Act on Protection of Persons in Foreigners, in the case of asylum the legislator has not decided to present a closed or open list of premises. The need to provide protection must certainly mean a state in which the foreigner feels threatened and needs protection related to it, and the body competent to grant it shares the foreigner's position. It should also be noted that international protection may be granted in the event of persecution in the country of origin, while granting asylum is in no way related to a specific place. However, it seems logical that in the case of an asylum application, the events that the foreigner fears must threaten the foreigner outside the country in which the asylum application was filed. The fundamental difference between the institution of asylum and international protection is the interest of the Polish state, which is a priority when granting asylum. The idea of an important interest of the state has no explanation attached to it within the text of the relevant Act. Fulfilment of this premise is therefore dependent solely on the assessment of the body, is discretionary in nature and has strong political connotations. Despite the fact that asylum status has the characteristics of protection related to humanitarian issues, it remains within the sole right of the state to protect the foreigner and serves to implement interests important to the Republic of Poland.
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