The refugee procedure in Poland is regulated by the provisions of national and international law. Its purpose is to ensure that persons who have a well-founded fear of persecution in their country of origin will have access to protection. A key element of this procedure is the ability to appeal against a negative decision issued by the Head of the Office for Foreigners. It’s a body responsible for conducting the proceedings of the I instance, interrogating the foreigner in regard to the submitted application for international protection, and issuing a temporary certificate of identification (the so-called TZTC) which entitles a foreigner to legal residence in Poland. In the Polish legal system, a foreigner that applied for refugee status or supplementary protection has the right to submit an appeal against a negative decision issued by the Head of the Office for Foreigners.

An appeal against the decision of the Head of the Office is considered by the Refugee Council – an independent second-instance body. The foreigner has 14 days from the date of delivery of the decision to file an appeal. It should be filed through the Head of the Office, who forwards it to the Council together with the case files. The appeal should be prepared in Polish.

The appeal must at least contain the following basic elements:

1. designation of the person submitting,

2. request,

3. signature.

However, indicating which elements of the decision the foreigner disagrees with and presenting arguments to support his or her position should be considered.

The Refugee Council, after becoming familiar with the entirety of the evidence may:

- uphold the decision of the Head of the Office,

- annul the decision in whole or in part,

- discontinue the proceedings.

Importantly, the appeal procedure in refugee cases is a full substantive review – the Council may re-assess all aspects of the case, including the credibility of the foreigner’s testimony and the situation in his country of origin.

It is worth noting that until the negative decision comes into force, the foreigner remains in Poland legally. Additionally, they have the right to receive social assistance, medical aid and in regulated cases, entering the workforce. If the decision of the Council turns out to be negative, the foreigner may submit a complaint to the Voivodship Administrative Court and later a cassation complaint to the High Administrative Court.

The ability to file an appeal in the refugee procedure is an important human rights protection and serves to ensure a thorough consideration of every case, taking into account individual circumstances and international standards.