News

On December 14, 2023, the final seminar was held, entitled: “Access to State-Funded Legal Assistance in Asylum and Return Procedures in Poland”, as part of the project ” PAŃSTWO-NGOsy-CUDZOZIEMCY: Monitoring wdrażania ustawowej pomocy prawnej.” Speaker Tomasz Sieniow presented the results of two years of research on foreigners’ access to free legal assistance. The seminar was organized in cooperation with UNHCR Poland, and the panel was opened by Christine Goyer (Deputy Representative of UNHCR in Poland) and Aleksandra Wacko from the Norwegian Embassy in Poland, who acted on behalf of the Active Citizens Program, representing the EEA Grants funders. Comments on the report were provided by Dr. Iryna Kozak-Balaniuk. (Wydział Prawa, Prawa Kanonicznego i Administracji Katolickiego Uniwersytetu Lubelskiego – WPPKiA KUL, Anna Trylińska (The Center of Migration Research, Uniwersytet Wrocławski – GAPs Return Migration) and Maria Pamula (UNHCR Polska).

The key findings of the project in asylum context are the following:

• The number of asylum seekers represented in 2nd Instance proceedings has grown form 10% (2015) to even 61 % (2018).
• Two NGO’s ( Stowarzyszenie Interwencji Prawnej and Instytut na Rzecz Państwa Prawa ) are responsible for almost 90% of free (state-funded) legal aid in asylum cases.
• The number of appeals has been quite stable (last 7 years’ average is 917 appeals) despite a significant decrease of the number of applicants in 2017-2020.
• Despite easier access to legal representation since 2015 recognition rate of asylum seekers by the Refugee Board (2nd instance) has dropped from 2,9% to less than 1%.
• EU’s average recognition rate (2nd instance) in 2022 was 21% (34% including humanitarian stay).

Th key findings of the project in return context are the following:

• The Return Directive procedural safeguards (access to free legal aid) were not transposed to the Act on Foreigners since December 2008.
• The deadline for implementation passed on 24 December 2011.
• The number of foreigners obliged to return In years 2019-2022 reached almost 60 000.
• During last four years Office for Foreigners has received 5723 appeals against deportation. In none of these cases foreigners have received free legal aid.
• After the end of administrative proceedings in years 2019-2022 only 572 complaints against return decisions were filed to the Warsaw Administrative Court.
• During these four years 166 foreigners have filed a request to the Court for a free legal aid in return cases, but only in 80 of them were granted this by Poland.
• Since 2021 foreigners (even these that seek international protection and do not want to return) unknowingly waive there right to appeal return decisions issued by Straż Graniczna at Polish-Belarus border. Since 7 April 2023 foreigners are not protected against deportation during the time for judicial review (no suspensory effect).Poland after the Directive 2008/115 was adopted has never guaranteed the foreigners access to an effective legal remedy in return proceedings. Due to the recent changes in law and practice Poland is even further from ensuring that the necessary legal assistance and/or representation (of foreigners in return procedures) is granted on request free of charge. According to Polish law they may be deported before they even ask the court for a free legal aid.

We would like to thank all the guests who came and those who connected with us remotely, and especially the experts for participating in the discussion.

The project is implemented with a grant from the Active Citizens – National Fund funded by Iceland, Liechtenstein and Norway through the EEA Funds