HFHR comments on proposed amendment to asylum law

The HFHR has sent to the Ministry of the Interior and Administration its comments on another version of a proposed amendment to the Act on the provision of legal protection for foreigners in Poland.

Work on the draft amendment has been in progress since January 2017. The draft contains provisions introducing what is known as “border procedures”, which generally provide for detaining a foreign national applying for international protection at the border. In principle, such procedures are designed to lead to a negative decision. The proposed measures also include the authorisation to prepare lists of third countries and countries of origin that are considered “safe”. According to the proposed amendment, foreign nationals will not have the right to an effective judicial remedy.

“These measures raise substantial concerns as to their compatibility with EU law and the European Convention on Human Rights”, says HFHR’s lawyer Jacek Białas.

The proposed amendment will discourage refugees from seeking protection in Poland. At the same time, given a global rise in the number of refugees caused by armed conflicts and persecution, Poland, acting in the spirit of international solidarity, should not only accept refugees but also provide them with adequate protection.