As of March 27, 2025, an amendment to the Act on Granting Protection to Foreigners on the Territory of the Republic of Poland has come into force. Among other changes, it introduces a legal basis for temporarily restricting the right to apply for international protection. This restriction was already implemented by a regulation of the Council of Ministers dated March 27, 2025, based on Article 33a(5) of the Act of June 13, 2003, on Granting Protection to Foreigners in Poland (Journal of Laws of 2025, items 223 and 389). The regulation imposes a temporary restriction on the right to apply for international protection at the state border with the Republic of Belarus, which will be in effect for 60 days.
The Act of February 21, 2025, amending the Act on Granting Protection to Foreigners in Poland introduces the following changes:
- Introduction of the Definition of "Instrumentalization"
This definition will cover actions taken by a state bordering Poland or another entity aimed at enabling foreigners to cross the external border unlawfully. It specifically includes the use of violence against state service officers and soldiers of the Polish Armed Forces protecting the border, as well as the destruction of border infrastructure, which could lead to internal destabilization within Poland.
- Legal Basis for Temporarily Restricting the Right to Apply for International Protection
Article 33a(1) of the Act on Granting Protection defines the cumulative conditions for temporarily restricting the right to apply for international protection:
- Instrumentalization is taking place (as defined in Article 2(6a));
- Actions taken as part of instrumentalization pose a serious and real threat to national or public security;
- The introduction of this restriction is necessary to eliminate the security threat and other measures are insufficient to achieve this.
For more information, refer to UDSC announcements.
