the geneva convention relating to status of refugees new ......3 1. legal status the geneva...

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Information of the Head of the Office for Foreigners, on the use in 2015

of the Act of 13 June 2003 on granting protection to foreigners within the

territory of the Republic of Poland (Journal of Laws of 2003 no. 128, item

1176 as amended). on the performance of obligations of the Republic of

Poland resulting from the Geneva Convention relating to status of refugees

and the New York Protocol on a refugee status

Warsaw, March 2016

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Table of contents:

1. Legal status ……………….....……………………………………….………....... 3

2. Execution of the Act on granting protection to foreigners within the territory of the

Republic of Poland regarding examining of applications for the refugee

status/granting international protection …………………… …………… 8

3. Procedure for granting a refugee status/granting international protection conducted

towards particular groups of applicants ……………………… . 20

4. Procedure towards foreigners illegally entering or residing within the territory of

the Republic of Poland ……….…..……… …. 22

5. Aid for foreigners applying for granting a refugee status/granting international

protection …..........................................................................… .. 24

6. Implementation of the Geneva Convention and New York Protocol with regard to

issuing documents to refugees ……………….…………………..…… …. 30

7. Cooperation with High Commissioner of the United Nations for Refugees

…………………………………………………………. ..…..……... 32

8. Implementation of the Geneva Convention and New York Protocol in the context of

the Republic of Poland's accession to the European Union ………… ...…….. 34

9. Conclusion ………………………………………….…………………..…….…. 41

10. Appendices (statistical tables) ……………………………….…...…….…........ 42

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1. Legal status

The Geneva Convention on the Status of Refugees, drawn up on 28 July 1951

(Journal of Lawsof 1991 no. 119, item 515) and the New York Protocol relating to

refugees status drawn up on 31 January 1967 (Journal of Laws of 1991 no. 119, item

517) define material and legal basis for granting a refugee status, as well as define the

most important rights and freedoms of refugees. The abovementioned legal acts do not

specify, however, the principles and proceedings in cases concerning granting a refugee

status/granting international protection. In Poland those issues are regulated by the Act of

13 June 2003 on granting protection to foreigners within the territory of the Republic of

Poland. The Act also regulates the principles of issuing documents to refugees, the

principle of non–refoulment, namely ban on exiling refugees and the principles of

cooperation with High Commissioner of the United Nations for Refugees. In separate acts

of the Polish law there have been regulated social and living rights of refugees.

Poland applies the so-called uniform asylum procedure. The course of the

proceedings on granting a refugee status/granting international protection examines not

only fulfilment of the conditions of acknowledgement as a refugee, but also – in the event

of observing that they are not fulfilled – other circumstances resulting in protection

against removal. To foreigner, who shall not qualify for acknowledgement as a refugee,

but who in the case of return to the country of origin may be exposed to actual risk of a

major harm, shall be protected by subsidiary protection. International protection may also

be granted to foreigners uprooted to Poland from third countries or relocated from other

Member States of the European Union.

The Act of 10 September 2015 amending the Act on granting protection to

foreigners within the territory of the Republic of Poland and some other acts (Journal of

Laws 2015 no. 0 item 1607) entered into force on 13 November 2015, and its purpose was

to implement the regulations on the state level:

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-Directive of the European Parliament and the Council 2013/32/EU of 26 June

2013 on common procedures for granting and withdrawal of international protection

(transformed version) (OJ EU L 180 from 29.06.2013, page 60),


2013 on establishing standards concerning accepting applicants applying for

international protection (transformed version) (OJ EU L 180 from 29.06.2013, page 96),

-Regulation of the European Parliament and the Council (EU) No. 604/2013 of 26

June 2013 stablishing the criteria and mechanisms for determining the Member State

responsible for examining an application for international protection lodged in one of the

Member States by a third-country national or a stateless person (transformed version).

Among the most important introduced changes, the following should be noted:

1. Standardization of terminology, by introducing the term "an application for

granting international protection", which means both the application for granting

a refugee status and the application for subsidiary protection,

2. The mechanism of expiry by the law of the decision on granting a foreigner a

refugee status or granting subsidiary protection from the day of acquisition by him

the Polish citizenship,

3. Differentiation of declaration of a foreigner on the will to apply for international

protection and the application for granting international protection on the form,

4. Informing in private the spouse, on behalf of whom the applicant intends to submit

an application by the Border Guard body prior to accepting the application for

granting international protection, on procedural consequences of submission of

such a request, on the right to submit the application for hearing and on the right

to file a separate application for granting international protection,

5. Recognition of a person as underage should it be impossible to explicitly determine

whether the examined person is an adult,

6. Possibility of extension of the 6-month term for examination of the application for

granting international protection up to 15 months,

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7. Introduction of the decision on acknowledgment of the application as unacceptable

and adding the premises for recognition of the application as unacceptable in the

case of the applicant originating from the country of the first asylum, while in the

proceedings concerning granting international protection initiated in consequence

of submission of another application for granting international protection by the

applicant or by the spouse, who was previously covered by the application of the

applicant, in the event of observing that there no grounds for recognition of the

application as unacceptable introduction of the decision on acknowledgment of a

subsequent application the acceptable,

8. Introduction of the so-called fiction of service modelled after regulations of the

Code of Administrative Procedure and the electoral law for cases of a party

having permanent address abroad or having the registered office abroad - in the

case when the applicant who has not indicated another address for service of

notices than the address of a reception centre or a centre for foreigners is not

present in the centre within 2 days from the date of acceptance of the application

by a competent authority, the decision waiving the proceedings concerning

granting international protection inserted into the case files with the effect of

service,

9. In the case of unattended minors, limitation of the possibility to apply the structure

of the clearly groundless application (accelerated procedure) only to a situation

when the applicant shall constitute a hazard for safety of the state or public order

or when they were excluded from the territory of the Republic of Poland for this

reason was in the past, as well as the possibility of notifying a minor of the

possibility of searching for their relatives via international non-governmental

organizations (Red Cross), indication of the time limit for examination of the

application for establishing probation officer for unattended minors by court (3

days) and extension of the scope of actions of the probation officer on the

proceedings concerning granting aid in voluntary return to the country of origin, in

the case of transfer to another Member State pursuant to the procedures specified

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of the so-called Dublin III Regulation, the proceedings concerning granting pre-

integration aid and aid intended for support of the integration process of a

foreigner granted pursuant to Article 91 of the Act on social aid,

10. Possibility of conducting a hearing and assuring the translation by persons of the

same gender as the person under hearing,

11. Indication of the deadline for handling the case relating to deprivation of a

refugee status or subsidiary protection (6 months),

12. Extension of the expiry date of the first certificate of identity of a foreigner to 90

days,

13. Imposing on the Head of the Office, immediately after observing that an

application for granting international protection applies to a particularly sensitive

persons, the obligation to assess whether this person requires special treatment in

the proceedings on granting international protection or social aid with the

possibility of the order to carry out medical or psychological examinations,

14. Modification of the so-called special procedure, i.e. activities in the proceedings

concerning granting international protection will be made in conditions ensuring

freedom of opinion to a foreigner, in a particularly tactful manner and adapted to

his psychophysical condition, within the time adapted to his mental and physical

condition, designated at considering terms of a foreigner using the health benefits,

at the place of residence of a foreigner when it is justified by the health condition

of the foreigner, if necessary involving psychologist, a doctor or a translator/an

interpreter,

15. Introduction of free of charge legal aid financed from the funds of the state

budget granting of which in the course of the conducted refugee procedures is

conducted by employees of the Office for Foreigners, while a person who shall

submit the appeal will be able to receive a free of charge aid of an attorney, legal

advisor or person not being an attorney or legal advisor, employed in the non -

governmental organization conducting public benefit activities.

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Act on amending the Act on granting protection to foreigners within the territory of

the Republic of Poland and some other acts has not introduced on the other hand, changes

with regard to competence of the bodies. Since 20 July 2007 the head of the Office for

Foreigners which conducts the proceedings for the refugee status using Department for

Refugee has been the competent authority granting protection to foreigners within the

territory of the Republic of Poland.

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2. Execution of the Act on granting protection to foreigners within the territory of

the Republic of Poland regarding examining of applications for assigning

status of a refugee/granting international protection

In 2015 4 927 applications for granting a refugee status/granting international

protection was submitted in the Republic of Poland. The Applications these examined by

12 325 people, which constitutes almost twice greater number as compared to the

previous year, when 6 625 persons jointly applied for protection.

Liczba wniosków oraz osób […] Number of applications and persons covered by applications in cases

for granting international protection in the Republic of Poland in 2015 styczeń, luty, marzec […] January, February, March, April, May, June, July, August, September,

October, November, December wnioski applications osoby persons

The largest group of persons applying for granting a refugee status/granting

international protection in 2015 were the citizens of the Russian Federation – 7 989

persons (approximately 65% of the total number). The second largest group of foreigners

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were the citizens of Ukraine – 2 305 persons (approximately 19% of the total number).

Furthermore, the citizens of Tajikistan – 541 persons, Georgia – 394 persons, Syria – 295

persons, Armenia – 195 people and Kyrgyzstan – 147 people most often applied for

refugee status/international protection.

The analysis of the above data indicates that in 2015 as compared to the previous

year the ethnic composition of foreigners applying for granting a refugee status/granting

international protection in the Republic of Poland did not change, although the percentage

share of persons originating from the Russian Federation increased approximately by 42%

to 65% of the total number, and decreased the percentage share of foreigners entering

from Ukraine – from approximately 34% to 19% of a total number. Percentage share of

foreigners originating from Georgia also decreased – from approximately 10% to only

approximately 3% of the total number.

Last year, decisions in cases concerning 12 238 persons applying for granting a

refugee status/granting international protection were issued in 2015 and before.

Liczba osób […] Number of persons towards whom the Head of the Office for

Foreigners issued a decision on granting international

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protection in the Republic of Poland in 2015 status uchodźcy refugee status ochrona uzupełniająca subsidiary protection zgoda na pobyt tolerowany consent to tolerated stay negatywna negative umorzenie discontinuation

Pursuant to Article 1 A (2) of the Geneva Convention, a refugee is a person who

has a justified fear of persecution due to race, religion, nationality, affiliation to a

specified social group or political beliefs, as a result of such concern such person resides

outside the borders of the country of origin and for this reason may not or does not want

to benefit from protection of this country. This provision has been directly transposed to

the Act on granting protection to foreigners within the territory of the Republic of Poland

(see Article 13(1)).

Last year the refugee status have been granted to 348 foreigners, including, among

others, 203 Syrians, 24 foreigners from Iraq, 21 citizens of the Russian Federation, 20

stateless persons, 15 foreigners from Egypt, 14 citizens of Belarus and 12 persons

originating from Turkmenistan. For comparison, the year before this form of protection

covered 262 persons (115 citizens of Syria, 25 of foreigners from Afghanistan, 22

stateless persons, 22 citizens of Kazakhstan, 13 citizens of the Russian Federation, 14

persons originating from Belarus, 12 citizens of Somalia and 10 of Egypt). The number of

persons to whom the refugee status have been granted in the previous year was higher by

about 33% as compared to 2014.

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Foreigners issued a decision on granting a refugee status in the Republic of Poland in 2015

Irak Iraq Rosja Russia Egipt Egypt pozostałe other Bez obywatelstwa Stateless

Pursuant to Article 1C of the Geneva Convention, its provisions cease to be valid in

relation to persons which will voluntarily apply for protection of the state of which they

are citizens, will voluntarily acquire the previously lost citizenship, will acquire new

citizenship and are covered by protection of the state of which citizenship they have

acquired, will voluntarily again become the inhabitants of the state which they have left or

outside the boundaries of which they have resided due to the fear of persecution, or they

cannot longer refuse to accept protection of the state of their citizenship, since the

conditions, in connection with which they were considered refugees have ceased. The

above indicated the so-called ceasing clauses have been included in Article 21 (1) of the

Act on granting protection to foreigners within the territory of the Republic of Poland.

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In 2015 on the grounds of the premises indicated above 16 persons – 11 citizens of

Afghanistan, 4 citizens of Iraq, 2 citizens of the Russian Federation and 1 citizen of

Somalia were deprived of a refugee status On the other hand, 21 people – all of whom

were citizens of the Russian Federation – were deprived of the subsidiary protection.

Regarding the withdrawal of international protection, downward trends are visible as

compared to 2014 when 25 people were deprived of international protection.

In the case of 2 877 persons negative decisions were issued. It is a higher level as

compared to 2014 (then 1 997 persons received negative decisions). Some of the previous

year's applications were examined in accelerated mode, partially as the obviously

groundless applications which advantage is the possibility of conducting fast proceedings.

This is particularly important when the application for granting a refugee status/granting

international protection shall be submitted by a person which is to be obliged to return.

This institution enables prevention of instrumental treatment of refugee procedures as the

agent preventing return. Furthermore, its existence contributes to shortening of the

procedure for granting a refugee status/granting international protection duration.

Similarly to 2014, in the previous year were no case reported of application of the

so-called excluding clause, specified in Article 1F of the Geneva Convention. It should be

mentioned that the circumstances resulting in exclusion from the possibility to use the

benefits of the Convention have been directly indicated in the Act on granting protection

to foreigners within the territory of the Republic of Poland (see Article 19 (1) (3)).

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Liczba osób […] Number of persons towards whom the Head of the Office for Foreigners issued a decision on granting international protection in the Republic of Poland in 2015

Ukraina Ukraine Rosja Russia Gruzja Georgia Kirgistan Kyrgyzstan pozostałe other

As it has been mentioned before, in the case of refusal to grant a refugee status the

need for granting the subsidiary protection to a foreigner shall be decided ex office. In

2015, subsidiary protection was granted to 167 persons, including, among others, 104

citizens of the Russian Federation and 24 citizens of Iraq. It is a level comparable to 2014

-then the subsidiary protection was granted to 170 foreigners.

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Foreigners issued a decision on granting subsidiary protection in the Republic of Poland in 2015

Irak Iraq Erytrea Eritrea Rosja Russia Afganistan Afghanistan Ukraina Ukraine pozostałe other

In any cases initiated before 1 May 2014 in the event that a foreigner did not meet

conditions for granting a refugee status or conditions for granting the subsidiary

protection, the head of the Office for Foreigners examined the need for granting the

protection in the form of permission to tolerated stay to the foreigner. The foreigner was

granted permission to tolerated stay within the territory of the Republic of Poland, if his

removal could take place only to the country in which his/her right to life, freedoms and

personal safety would be endangered, in which he/she could be subjected to torture or

inhuman or humiliating treatment or punishing or being forced to work or deprived of any

right to reliable court proceedings or be punished by without the legal grounds as defined

by the Convention for the Safeguarding of the human rights and fundamental freedoms,

drawn up in Rome on 4 November 1950 or it would breach the right to family life as

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defined by the aforementioned Convention, or it would breach the rights of the child as

specified in the Convention on Child's Rights, adopted by the General Assembly of the

United Nations on 20 November 1989, to a substantial degree posing a threat to its

psychophysical development.

In 2015 granting a refugee status and granting the subsidiary protection was

refused and at the same time the permission to tolerated stay was granted to 122 persons –

by about 60% less than in 2014 (this form of protection was then applied in respect of 300

foreigners). Similarly as the case of the subsidiary protection, the dominant group of

foreigners which were granted the permission to tolerated stay were the citizens of the

Russian Federation – 91 persons. Other countries of origin the citizens of which most

often obtained a permission for tolerated stay in 2015 were Armenia (10 persons),

Georgia (6 persons) and Ukraine (6 persons).


Foreigners issued a decision on granting permission to tolerated stay in the Republic of Poland in 2015

Turcja Turkey Rosja Russia Gruzja Georgia Ukraina Ukraine Gwinea Guinea

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The above data indicate that in 2015, in total 637 foreigners were granted

international and national protection in Poland. It constitutes about 5% of persons who

submitted the applications for the refugee status – by about half less as compared to the

year before.

Similarly, as in the previous years, the manner of ruling in cases of foreigners

originating from the Chechen Republic of the Russian Federation was consistent with

recommendations of the UNHCR.

As regards the cases of citizens of Ukraine it should be indicated that in the case of

applications for the refugee status from persons originating from Crimea and from

Donetsk and Luhansk, those are examined with the emphasis on the so-called internal

relocation. Such rulings are allowed by the situation presented below concerning

internally displaced persons in Ukraine.

According to regional Representative of the UNHCR in Belarus, Moldova and in

Ukraine – Mr. Oldrich Andrysek, regardless of various kinds of problems no uprooted

person in Ukraine is alone in practice. Furthermore, it should be noted that, in spite of

undoubtedly difficult industrial and economic situation of Ukraine, the commonly

available sources of information imply that forcefully uprooted persons receive aid many

places (central and circumferential authorities non-governmental organizations,

volunteers) and on various levels. The appropriate state structures (migration service, the

ministry of labour, the ministry of education, the ministry of social aid) are registering the

uprooted persons, issuing new documents, assisting in continuation of education, giving

of social aid, medical and psychological aid, helping in finding work and place of

residence (the uprooted persons are placed in boarding schools, hotels, sanatoria,

recreational houses). It is a fact that the state has provided a place of residence only for

approximately 25% of the uprooted persons from eastern Ukraine and from Crimea,

however, it should be noted that on 1 October 2014 the Cabinet of Ministers of Ukraine

adopted provisions governing significant issues relating to social care for persons

forcefully uprooted, granting e.g. monthly financial aid in the following amount: for

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persons unable to work (the disabled, children) – 884 hryvnia per person (family

member); for people able to work – 442 hryvnia per person (family member). Granting

and payment of the above financial aid is implemented by population social care

authorities at the actual place of residence (stay), at the request of an authorised family

representative. The aid is granted from the date of submitting the application and is paid

for a period no longer than six months. Persons fit for work receive financial aid for the

period of two months. In order to receive the aid in to the established extent in the next

period, persons capable of work will need to find work, including with the help of the

state employment services. In the event when a family member capable for work will not

be employed, the amount of aid for him for the next two months will decrease by 50%,

and for the subsequent period the aid shall be completely withheld. The general the sum

of aid per a family is calculated as the sum of aid of each family member and must not

exceed 2400 hryvnia. According to the data of the Ukraine Ministry of Social Policy

dated 5 January 2015 "the monthly address aid" for covering the costs of residence was

granted to nearly 180 000 families. On 20 October 2014 the Supreme Council of Ukraine

passed the Act no. 4490-a-1 "On ensuring rights and liberties of internally uprooted

persons". OSCE, the Council of Europe, EU and the UNHCR praised the Ukraine

authorities for adoption of the said Act. The abovementioned Act introduced a relevant

document confirming the status of internally uprooted persons, it also guarantees these

persons right to free of charge flat for a period of six months, it also introduces simplified

procedure of registration the uprooted persons in a new place of residence, necessary for

conducting business operations, for using administrative services or bank account opening

. Regardless of the foregoing e.g. the UNHCR, UNICEF and IOM spend hundreds of

millions of dollars and euros for persons internally uprooted in Ukraine. Dozens of

millions of euros for aid to uprooted persons in Ukraine were granted also from the EU

budget. Also very important is the aid from different western countries (e.g. the USA,

Germany, Poland). Concept of the so-called internal relocation is, however, not used for

foreigners belonging to sensitive groups.

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In 2015 discontinuation covered procedures conducted in respect of 8 724 persons,

including in respect of 6 566 citizens of the Russian Federation, 764 foreigners from

Ukraine, 498 citizens of Tajikistan, 348 citizens of Georgia and 146 from Armenia. The

number of persons whose proceedings have been completed was approximately by 57%

higher than in 2014 (5 556 persons).


Foreigners discontinued proceedings for granting international protection in the Republic of Poland in 2015

Ukraina Ukraine Rosja Russia Tadżykistan Tajikistan Gruzja Georgia pozostałe other

The most common basis for issuing a decision on discontinuation was the so-called

implied withdrawal of an application for issuing a refugee status/granting international

protection. Frequently the decision on discontinuation of the proceedings was issued also

in situations in which the applicant upon receipt of the final decision on refusal of

granting a refugee status submitted a new application based on the same grounds

(unacceptable application).

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The phenomenon of submission of subsequent applications by the same foreigners

has been observed since 2003, then subsequent applications for the refugee status were

submitted by 93 persons (approximately 1.3% of the total number of all applying

persons). In the following years the tendency in this respect was growing: 2004 - 137

persons (approximately 2%), 2005- 1 141 persons (approximately 21%), 2006 - 3 280

persons (46%). In 2007 for the first time there was a decrease in the number of foreigners

submitting subsequent applications for the refugee status to the number of 2 842 people

which constituted 28% of the total number of all applying persons. In 2008 this

percentage amounted to 15% (1 316 from among 8 517 applicants), and in 2009 – 10% (1

538 from among 15 336 applying). In 2010, there was recorded an increasing tendency -

subsequent applications were already submitted by as much as approximately 34%

persons (2 204 from among 6 534 applying), in 2011, 2012 and 2013– again decreasing

tendency, respectively at the level of approximately 26% (1 801 from among 6 534

applicants), 15% (1 579 persons from among 10 753 applicants) and 8% (1 219 persons

from among 14 996 applicants). In 2014 this tendency did not change – subsequent

applications were already submitted approximately by 16% of the applicants (1 072

persons). In the previous year this level remained stable - subsequent applications were

submitted by 1 970 persons (approximately by 16% of the applicants).

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Liczba osób […] Number of persons towards covered by applications of granting international protection in the Republic of Poland in 2015 – subsequent applications

Ukraina Ukraine Rosja Russia Kirgistan Kyrgyzstan Gruzja Georgia pozostałe other

Reasons for practice of filling in an application for granting a refugee

status/granting international protection several times by the same persons are twofold – an

attempt to avoid the obligation to return or (usually) the possibility of further using the

benefits for foreigners applying for granting a refugee status/granting international

protection.

The limitation of practice of multiple filling an application for granting a refugee

status/granting international protection in order to avoid implementation of the decisions

on obligation to return potentially is significantly affected by the legislator's resignation

from automatic withholding of execution of such a decision for the period of refugee

proceedings. The full right to stay on the territory of Poland during the refugee

proceedings/proceedings for granting international protection may be used only by

persons who submit the application for the first time. In the case of other foreigners,

withholding the execution of the decision on obligation to return was possible only at the

request of the foreigner containing the reasons for existence of the right interest of the

applicant in withholding its execution. In 2015, the head of the Office for Foreigners

issued this type of decision in relation to 7 persons – almost fifteen times less than the

year before (in 2014 this type of decisions was granted to 103 foreigners).

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3. The procedure for granting a refugee status/granting international protection

conducted against particular groups of applicants

Special protection in the course of proceedings on granting the refugee status

covers the following groups of foreigners: the minor staying within the territory of the

Republic of Poland without legal or customary representative (the unattended minor),

victims of violence and the disabled, and since 13 November 2015 also persons in an

advanced age, pregnant women, single parents, the victim of human trade, ill persons.

Special treatment may consist in ensuring such people with special social aid and/or

ensuring special support with regard to the procedures.

And so, the testimonies from such persons are received in conditions adapted to

their needs and perception possibilities. Activities in the course of the proceedings are

conducted with participation of psychologist or school counsellor (in the case of

unattended minors) or psychologist or a doctor (in the case of other categories of

persons), only by employees qualified in this aspect. Substantially, persons whose mental

and physical condition may justify a presumption that they were subject to violence, are

unattended minors or disabled persons cannot be placed in custody for foreigners or

guarded centre for foreigners.

Special mode of the procedure in respect of unattended minors, victims of violence

and the disabled does not arise from the Geneva Convention itself. However, it meets the

recommendations of the United Nations High Commissioner for Refugees with regard to

standards of refugee procedures. Furthermore, it reflects the regulations of the Council

Directive no. 2003/9/EC of January 27 2003 on minimum standards of accepting persons

applying for asylum (OJ No. L 031 of 6 February 2003), Council Directive no.

2005/85/EC of 1 December 2005 on establishing minimum standards concerning

procedures of granting and withdrawing a refugee status in Member States (OJ No. L 326

of 13 December 2005), Directive of the European Parliament and the Council

22

2013/32/EU of 26 June 2013 on common procedures for granting and withdrawal of

international protection (transformed version) and Directive of the European Parliament

and the Council 2013/33/EU of 26 June 2013 on establishing standards concerning

accepting applicants applying for international protection (transformed version),

implemented to the Polish legal order.

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4. Procedure towards foreigners illegally entering or residing within the

territory of the Republic of Poland

Pursuant to Article 33(1) of the Geneva Convention "no agreeing state shall expel

or return a refugee in any manner whatsoever to the frontiers of the territories where his

(or her) life or freedom would be threatened on account of his race, religion, nationality,

membership of a particular social group or political opinion". Respecting the above ban

the Polish legislator it prohibited from execution of the decision on obligation to return

until the time of service the final decision to a foreigner in the case concerning granting a

refugee status/granting international protection.

The use of this privilege by application for granting a refugee status/granting

international protection by persons who does not have a reasonable fear of persecution,

but are afraid to be send back from Poland, has induced the legislator to introduce legal

solutions counteracting this phenomenon.

Article 33 (4) of the Act on granting protection to foreigners within the territory of

the Republic of Poland accepts the possibility of the obligation to return of a foreigner

during the refugee procedure in the case when proceedings was initiated as a result of

submitting the application once again and the application is intended to delay or disturb

the execution of the decision on obligation to return. Since 13 November 2015 similar to

aforementioned regulations were transferred to the regulations of the Act of 12 December

2013 on foreigners (Journal of Laws of 2013 item 1650 as amended).

Additionally, Article 87 – 89 c of the aforementioned Act (Article 87 – 89 cb,

valid since 13 November 2015) are regulated by the issues of apprehension and placement

in guarded centre or applying arrest for foreigners towards persons applying for granting a

refugee status/granting international protection. On their basis, it is possible to deprive of

freedoms a foreigner with unspecified identity, a person in order to collect information on

which the application is based or in order to execute the transfer in accordance with the

so-called Dublin III Regulation, if there is a substantial probability of escape of such a

24

person, foreigner or for the purpose of performing or issuance of a decision on obligation

to return, foreigner posing a threat to defence or safety or safety and public order. The

Border Guard authorities also have the possibility to take alternative measures in relation

to detention, such as: reporting in specified time intervals to the indicated authority,

payment of cash collateral or taking residence in a designated place.

In 2015, 256 foreigners applying for the refugee status/international protection

were apprehended and placed in guarded centres or arrests for foreigners, which

constitutes the level comparable to 2014 (then 209 persons were apprehended and

subsequently detained).

25

5. Aid for foreigners applying for the refugee status/granting international

protection

The Geneva Convention does not regulate the issue related to maintenance by the

accepting state of persons applying for the refugee status. Act on granting protection to

foreigners within the territory of the Republic of Poland provides the possibility of

providing such people with social aid and medical care as well as facultative, aid in

voluntary return to the country to which they have the right to enter or the aid in transfer

to the state responsible for examination of the application for granting international

protection. Social aid includes aid given in a centre or aid given beyond centre, consisting

in payment of cash benefit for covering own accommodation costs within the territory of

the Republic of Poland. Furthermore, the person who covered the costs of funeral of a

foreigner deceased during the procedure for awarding a refugee status is granted funeral

grant.

In 2015, in connection with implementation of the aforementioned statutory tasks

the Office for Foreigners spent the total amount of PLN 48,935,120.23, by approximately

7% more than in 2014 (then this amount amounted to PLN 45,549,551). The

abovementioned the funds were intended for:

-cash benefits – PLN 20 857 700.53 ,

-accommodation in rented centres – PLN 13 153 553.33,

-purchase of health services – PLN 11 303 335.23,

-food in a commissioned system – PLN 2 216 977.92,

-purchase of food – PLN 496 463.80

-aid in voluntary departure from the territory of the Republic of Poland - PLN 893

081.85,

26

-purchase of medications – PLN 14 007.57.

A considerable part of benefits is given in centres for foreigners applying for

granting a refugee status/granting international protection. According to the situation as of

31 December 2015 there were 11 centres (4 own centres of the Office for Foreigners and

7 rented centres) – there is 2 centres less than in the previous year.

At the end of 2015 4 389 people used the aid of the Office for Foreigners, 2 470 of

which were granted aid in the form of cash benefit. The general number of persons using

the social aid and medical care was thus by about 14% higher than the year before (then it

amounted to 3 821 persons).

In 2015, the Office for Foreigners continued the cooperation with International

Organization for Migration (IOM) with regard to implementation of voluntary departure

program. Last year the IOM support was used by 620 foreigners – by about 29% less as

compared to 2014.

In addition to current tasks related to giving aid to foreigners applying for granting

a refugee status/granting international protection, the Office for Foreigners also undertook

the pre-integration actions. In the Act on granting protection to foreigners within the

territory of the Republic of Poland there are no provisions indicating responsibilities of

the Office related to the implementation of pre-integration activities, which, at the same

time, means that the aforementioned Act does not give the Head of the Office possibility

for implementation of the pre-integration tasks for foreigners applying for granting a

refugee status/granting international protection. It can be only indicated that the statutory

social aid in the form of: Polish language teaching, ensuring teaching aids to children

fulfilling the schooling obligation and covering, if possible, the costs of out-of-school

classes and recreation and sports activities of the children, that constitute pre-integration

activities. In 2015, in all centres for foreigners the Office conducted lessons of Polish

language as a second language for adults, lessons of Polish language of children, which

took the form of helping with homework and conducting compensatory classes. Until 30

June 2015 lessons of the Polish language were conducted by individual teachers. Since

27

the beginning of the school year 2015/2016 Polish language classes in centres for

foreigners have been conducted and coordinated by language school selected under open

tender procedure, which employs teachers working for foreigners in the centres run by the

Office. The number of hours of language lessons for children and for adults as compared

to the previous school year has increased more that twofold (from 4980 to 11704,

including from 3140 to 7480 in the case of classes for children). The above constitutes

implementation of the recommendations of the Supreme Chamber of Control, which

conducted inspections in centres for foreigners in 2014-2015. Furthermore, since

September 2015 the classes for children have been conducted on the basis of division

into: classes for children from primary schools and classes for children from secondary

and high schools. Usually in every centre for foreigners there are two groups for younger

children and one for older. Conducting classes of Polish language for children takes place

in the system: 1 hour 3 times a week for each group in reception centres (in Biała

Podlaska and Podkowa Leśna-Dębak) and 1 hour 5 times a week for each group in other

centres. With regard to providing teaching aids to foreign children going to school, in

2014/2015 the Office purchased 890 sets of textbooks and school starter kits, while in the

school year 2015/2016 it issued vouchers for purchase of school starter kits and purchased

textbooks for 970 children (until 31 December 2015). Furthermore, in 2015 the Office

provided 18 children with coverage of the costs of out-of-school classes and recreational

and sport activities, provided that these classes continued in the case of different children

from 2 to 11 months. Cooperation with the non-governmental sector constitutes the

supplementation of the above offer with regard to pre-integration tasks.

Cooperation of the Department of Social Aid of the Office for Foreigners with

public benefit organisations for foreigners applying for granting international protection is

conducted mostly in two areas: legal counselling and pre-integration activities. Most of

the implemented pre-integration projects are intended for organization of free time for

children and the youth. Some actions are also addressed to adult foreigners and include

Polish language courses and occupational development, counselling, psychological aid

and material support.

28

In 2015, the number of implemented projects was lower due to finalisation on 30

June this year financial perspective of the SOLID Funds for 2007-2013. New perspective

of the migration funds under the name Fund for Asylum, Migration and Integration was

launched in the mid-2015 by an announcement of first competitions for subsidizing

projects. On the other hand, the actual beginning of implementation of projects which

received financial support, only in few cases, began in the last months of 2015.Other

projects will be implemented at the beginning of 2016. In 2015 the Office together with

Polskie Forum Migracyjne (Polish Migration Forum) Foundation completed the

implementation of the partner project "From tolerance to integration", which consisted in

building good intercultural relations in municipalities where refugee centres operate. The

project was directed primarily to small municipalities where centres for foreigners

operate. The project was aimed at building openness, overcoming mutual stereotypes and

at counteracting discrimination, racism and xenophobia in local communities. The project

lasted since March 2014 to November 2015. The project was co-financed from the funds

of the Financial Mechanism of the European Economic Area (EEA) and the funds of the

Office for Foreigners, under the program "Citizens for democracy". At the same time in

2015, the Office declared participation as a partner in 9 projects under Fund for Asylum,

Migration and Integration: "Refugee.pl 5" in partnership with Refugee.pl Foundation of

Małgorzata Jasiczek – Gebert, "Lotni prawnicy - pomoc i informacja prawna" (Swift

lawyers- legal help and aid) in partnership with Refugee.pl Foundation of Małgorzata

Jasiczek-Gebert "Polski na dobry start" (Polish for good start) - in partnership with

Linguae Mundi Foundation "Daj mi szansę – poprawa dostępu do poradnictwa prawnego

dla osób szczególnej troski poszukujących ochrony w Polsce" (Give me a chance-

improvement of access to counseling for persons with special needs seeking protection in

Poland) in partnership with Association of Legal Help Centre of Halina Nieć "Chrońmy

dzieci w ośrodkach dla uchodźców - kompleksowy system ochrony dzieci przed

przemocą i wykorzystaniem" (Let’s protect children in refugee centres – complex system

of children protection against violence and abuse) in partnership with Dzieci Niczyje

Foundation i Ocalenie Foundation "Immigrants in Action – program for support and

29

Integration of foreigners in Poland" in partnership with Foundation for Somalia "Razem

dla integracji" (Together for Integration) in partnership with Association of Centre of

Voluntary Service in Lublin "Dostrzegam, pomagam – integracja oraz rozwój działań i

procedur Urzędu do Spraw Cudzoziemców i Straży Granicznej w zakresie kompleksowej

identyfikacji grup wrażliwych wśród osób poszukujących ochrony na terytorium RP." (I

see, I help – integration and development of actions and procedures of the Office for

Foreigners and the Borger Guard regarding comprehensive identification of sensitive

groups among persons seeking protection within the territory of the Republic of Poland)

in partnership with Border Guards Różnosfera Foundation "Nowy Dom Polska" (New

Home Poland) in partnership with Caritas Polska.

Additionally to the above partner projects in 2015, the Office ordered the following

actions to non-governmental organizations on the basis of civil contracts or procurements:

-organization and conducting of educational and sport classes for children in centre

in Targówek (Foundation for Freedom, PLN 18 540),

-Development for the needs of the Department of Social Aid of the Procedure of

Prevention of violence against children and its pilot implementation in centres in Dębak

and Linin (Dzieci Niczyje Foundation, PLN 54 420),

-organization of Open Days in 11 centres for foreigners (several organizations,

PLN 33 000),

-informational meetings for foreigners applying for granting international

protection in Mazowieckie Voivodship (Rule of Law Institute, PLN 15 600).

Furthermore, as part of various projects and initiatives in 2015, the Department of

Social Aid cooperated with: Foundation for Tolerance through Intercultural

Understanding, Helsinki Foundation for Human Rights, Association for Legal

Intervention, MultiOcalenie Foundation, La Strada Foundation, One World Association,

Ośrodek Praw Człowieka Uniwersytetu Jagiellońskiego, Fundacja Dialog, Dla Ziemi

Association, Vox Humana Association, Stowarzyszenie Przyjaciół Międzynarodowego

30

Ruchu ATD Czwarty Świat, Institute of Public Affairs Foundation, Homo Faber

Association, Fundacja Studencki Ośrodek Pomocy Prawnej przy Wydziale Prawa i

Administracji Uniwersytetu Warszawskiego – Klinika Prawa UW, Droga Association,

Stowarzyszenie Społeczno-Kulturalnego ETHNOS, Studencka Poradnia Prawna UJ

Kraków, Jezuickie Centrum Społeczne "W Akcji", Stowarzyszenie Praktyków Kultury

and Stowarzyszenie na rzecz Kultury i Dialogu 9/12.

6. Implementation of the Geneva Convention and New York Protocol with regard

to issuing documents to refugees

Article 28 (1) of the Geneva Convention states that the states shall issue to refugees

lawfully staying in their territories travel documents for the purpose of travelling outside

their territories, unless compelling reasons of national security or public order require

otherwise. Appendix to the Geneva Convention contains detailed provisions referring to

travel documents for refugees. These standards are fully implemented in Poland.

Travel document issued to the recognized refugees by the Head of the Office for

Foreigners is consistent with the template specified in the above mentioned Appendix.

According to paragraph 3 of the appendix the fees collected for issuing of the document

should not exceed the lowest fees collected for national passports. Poland stopped

charging fees for issuing travel documents mentioned in the Geneva Convention.

The document, except for particular or exceptional cases, shall be issued for the

possibly greatest number of states (§ 4 of the appendix) and the period of its validity

should be one or two years, depending on discretion of authorities issuing it (§ 5 of the

appendix). In connection with the regulations of Council Regulation no. 2252/2004/EC of

13 December 2004 on standards concerning protections and biometric data in passports

and travel documents issued by Member States (OJ EU L 385 of 29 December 2004),

starting from 28 August 2006 travel documents planned in the Geneva Convention were

31

issued for the period of 1 year. According to the aforementioned Regulation, the travel

documents validity period of which exceeds 12 months, must contain duly protected

carriers of data with biometric data, i.e. image of a face and finger prints of the document

holder. This requirement has been fulfilled as of 29 June 2009, therefore, travel

documents planned in the Geneva Convention began to be issued for the period of 2 years

Furthermore, it is worth mentioning that Poland is a party to the European

Agreement on cancellation of visas for refugees, prepared in Strasbourg on 20 April 1959

and to the European Agreement on transferring responsibility for refugees, prepared in

Strasbourg on 16 October 1980.

32

7. Cooperation with High Commissioner of the United Nations for refugees

Pursuant to Article 35 (1) of the Geneva Convention the states undertake to

cooperate with Office of the United Nations High Commissioner for Refugees (the

UNHCR) or any other agency of the United Nations, which may supersede it, in the

exercise of its functions and shall in particular facilitate its duty of supervision the

application of the provisions of this Convention.

Act on granting protection to foreigners within the territory of the Republic of

Poland grants representative of the UNHCR a number of rights, among others the right to

freely contact a foreigner, access the information on the course of the refugee

proceedings, access to case files and the right to submit opinions, documents and

materials to the case files.

In 2015, similarly as in previous years, the Head of the Office for Foreigners

cooperated with the Representative Office of the UNHCR in Poland in all aspects

significant for refugees and persons applying for granting such status. Opinions of the

UNHCR concerning situation in the countries of origin of applicants were considered in

the course of proceedings on granting the refugee status.

It should be also indicated that in the previous year the Office for Foreigners

continued the cooperation with the UNHCR under comparative studies refugee

proceedings quality.

Additionally, the Office for Foreigners participated in the UNHCR project "Asylum

Quality Systems Initiative in and Eastern Europe the Southern Caucasus". Poland was the

state of good practices next to Germany, Romania and Sweden. On the other hand, the

beneficiaries of the project were: Armenia, Azerbaijan, Belarus, Georgia, Moldova and

Ukraine. The purpose of the project was to support the refugee and international

protection in countries of Eastern and Southern Caucasus as well as improvement in the

33

quality of decision-making process. Implementation of the project was finished in May

2015, while the continuation of the 2nd phase of the project is planned until December

2017

34

8. Implementation of the Geneva Convention and New York Protocol in the

context of the Republic of Poland's accession to the European Union

Along with its accession to the European Union Poland was covered with, among

others Council Regulation (EC) no. 343/2003 of 18 February 2003 establishing the

criteria and mechanisms of determining a Member State, which is responsible for

examination of the application on granting asylum submitted in one of Member States by

a citizen of a third country (OJ EC, No. L 50 of February 2003). Since 1 January 2014 for

issues of responsibility for examination of applications for granting the refugee status

shall apply the Regulation of the European Parliament and of the Council (EU) No.

604/2013 of 26 June 2013 on establishing criteria and mechanisms of determination of a

Member State responsible for examination of the application for international protection

submitted in one of the Member States by a third country citizen or a stateless person

(transformed version) (OJ EU L 180 from 29.06.2013, page. 31).

The Regulation assumes responsibility of only one Member State for examination

of an application for granting a refugee status/granting international protection. A

foreigner who shall submit subsequent application in another country using the

Regulation shall be transferred to the state, which is responsible for examination of its

application, according to the criteria contained therein. During determination of

responsibility of a state for examination of the application circumstances are taken into

consideration, among others related to the entrance and stay of a foreigner on the territory

of the states applying the Regulation as well as the possibility of union of a foreigner with

family members who received the refugee status in other countries.

The practice shows that Poland is still treated by foreigners as a transit state and

the actual goal of the majority of persons applying for granting a refugee status/granting

international protection in Poland is to legalise a stay in other countries which provide

access to the highest social benefits. Meanwhile, after the foreigner’s entry to Poland and

submission of an application for granting a refugee status, the Regulation practically

35

prevents them from effective application for such a status in subsequent countries

applying it.

In 2015, under the aforementioned regulations of the Regulation Poland received 6

395 applications from other states, most of which was based on finger prints identification

in the Eurodac system. The largest number of applications was sent to Poland by

Germany – 3 775 applications, France – 901 applications, Austria – 438 applications and

Sweden – 272 applications. 5 445 applications were examined positively (approximately

85%). In 2015 Poland received 899 foreigners.

Poland issued 186 applications to other countries, the largest number to Germany –

81 France - 30, Italy – 17 and Austria – 11. The majority of them was based on the

principle of uniting family members and humanitarian reasons. 145 applications were

Dublin procedures in 2015 „in”

SLOVENIA

ROMANIA

LITHUANIA

GREECE

HUNGARY

LATVIA

BULGARIA

IRELAND

MALTA

LUXEMBOURG

UK

SPAIN

FINLAND

PORTUGAL

NORWAY

CZECH REPUBLIC

ITALY

NETHERLANDS

DENMARK

SWITZERLAND

BELGIUM

SWEDEN

AUSTRIA

FRANCE

GERMANY

Number of submitted applications

Number of transferred persons

Positive decisions

36

examined positively (approximately 78%). In 2015,18 people were transferred from

Poland to other countries applying the Regulation.

The above data indicate that in relation to 2014 (6 944 applications, 5 922 positive

decisions – approximately 85%, 656 transferred foreigners) the number of applications

sent to Poland from other states in the last year increased slightly, while the percentage of

positively handled cases remained stable and the number of transferred persons was

slightly larger than the year before.

With regard to the proceedings of the "out" type, there were visible decrease

tendencies regarding the number of transferred persons (2014 - 42 transferred persons,

2015 - 18 transferred persons), while an increase was recorded in reference to recognition

Dublin procedures in 2015 „out”

SWEDEN

DENMARK

NORWAY

NETHERLANDS

SWITZERLAND

SPAIN

FINALND

BELGIUM

AUSTRIA

ITALY

FRANCE

GERMANY

Number of submitted applications

Number of transferred persons

Positive decisions

37

(2014 - 52%, 2015 - 78%), with similar number of applications submitted by Poland to

other countries (2014 - 184 applications, 2015 - 186 applications).

Act on granting protection to foreigners within the territory of the Republic of

Poland is consistent with a majority of legal acts in the field of refugee binding in the

European Union. The following regulations were transposed to the Act:

-Council Directive no. 2001/55/EC of 20 July 2001 on minimum standards of

providing temporary protection in the case of mass inflow of refugees and on activities

undertaken for the purpose of spreading efforts between Member States to accept these

persons and consequences of such acceptance (OJ No. L 212, of 7 August 2001),

-Directive on minimum standards of accepting persons applying for asylum,

-Directive on minimum qualifying standards and status of third country citizen or

stateless persons as refugees or as persons who for other reasons need international

protection and the scope of protection granted (OJ No. L 304 of 30 September 2004) and

-Directive on establishment of minimum standards concerning procedures of

granting and withdrawing a refugee status.

-Directive of the European Parliament and the Council 2011/95/EU of 13

December 2011 on standards concerning qualifying of third country citizen or stateless

persons as beneficiaries of international protection, uniform refugees status or persons

qualified for granting the subsidiary protection and the scope of granted protection (Dz.

Urz. EU L 337 from 20.12.2011, page 9).

On the other hand, since 13 November 2015, i.e. as of the effective date of the Act

of 10 September 2015 amending the Act on granting protection to foreigners within the

territory of the Republic of Poland and some other acts, the following regulations was

implemented on the state level:


2013 on common procedures for granting and withdrawal of international protection

(transformed version),

38


2013 on establishing standards concerning accepting applicants applying for

international protection (transformed version),

-Regulation of the European Parliament and the Council (EU) No. 604/2013 of 26

June 2013 on establishing criteria and mechanisms of determination of a Member State

responsible for examination of the application for international protection submitted in

one of Member States by a third country citizen or a stateless person (transformed

version).

The consequence of Polish membership in the European Union is not only the need

to adjust the provisions of the national law for the EU regulation, but also a possibility to

use EU funds, including the European Fund for Refugees (EFU).

In 2015, the Office for Foreigners implemented the following projects co-financed

from the EFU:

1. The project no. 6/12/EFU "Optimization of access of employees of the

Department of Refugee Proceedings of the Office for Foreigners to information

on countries of origin". The project was implemented from April 2013 to June

2015 and constituted continuation of the project no. 1/7/2009/EFU, which was

completed in May 2013. It included actions aimed at improvement in quality

and acceleration of refuge procedure by increase in information resources about

countries of origin and improvement of access thereto

2. Project no. 2/14/EFU "First steps in Poland II – practical guide for foreigners

applying for granting a refugee status in Poland". The project was

implemented from November 2014 to June 2015 It constituted continuation of

the project "First steps in Poland – practical guide for foreigners applying for

granting a refugee status in Poland" (3/11/2011/EFU). Purchase of information

packages for foreigners provided in centres for foreigners and points of

foreigner service run by the Office was planned as part of the project.

3. Project no. 3/14/EFU "Study visits III". The project was implemented since

October 2014 to June 2015.Study visits were organized in 5 European countries

39

for the total number of 38 employees of the UdSC. In this respect the Office

started a cooperation with: The Irish, Finns, Austrians, Belgians and Britons.

Within the project the employees of UdSC reviewed solutions that are used for

the organization of social aid for foreigners applying for the refugee status.

4. Project no. 4/14/EFU "Material support for foreigners applying for the refugee

status. Purchase of school starter kits and layette articles". The project was

implemented from June 2014 to June 2015. Two actions were planned as part

of the project: purchase of commodity vouchers for kits for children fulfilling

the schooling obligation, purchase of layette articles and baby prams.

5. Project no. 5/14/EFU "Streamlining identification of persons with special needs

in the procedure for granting the refugee status". The project was implemented

from September 2014 to June 2015.It assumed preparation of an identification

procedure of persons with special needs on the basis of psychological

examinations. Additionally, the project included preparation and furnishing of

an appropriate room in the seat of the Office which would meet the

requirements of psychological office, creating comfortable conditions for

sensitive groups. Furthermore, study visits to offices of the Polish Border

Guard in Medyka, Hrebenne, Tiraspol and Kuźnica were planned as part of the

project.

6. Project no. 6/14/EFU "Research missions to the countries of origin". The

project was implemented from November 2014 to June 2015.Two research

missions were organised as part of the project: to Iran and to Vietnam. They

were attended by the employees of UdSC – experts of the Department of

Information about Countries of origin of the Department of Refugee

Proceedings and other employees of the Office conducting administrative

procedures in the cases involving granting protection on the territory of the

Republic of Poland. During the mission its participants had an opportunity to

meet a number of people and visit institutions, having a knowledge valuable

from the point of view of the mission.

40

7. Project no. 7/14/EFU "Study visits of the employees of the Dublin Proceedings

Department". The project was implemented since October 2014 to June

2015.Study visits were organized in France and the Netherlands in these states'

asylum offices for the purpose of exchange of information and experience

about Dublin procedures, refugee procedures including social aid for

applicants, verification of documents, identification of foreigners, circulation of

documents, use IT systems and databases.

41

9. Conclusion

In the opinion of the Head of the Office for Foreigners, in 2015, the Republic of Poland

fully completed obligations arising from the Geneva Convention and the New York

Protocol.

42

10. Appendices (statistical tables)

Table 1: The number of applications for granting a refugee status/granting

international protection submitted in 2015 and persons covered with them

Citizenship Applications Persons

AFGHANISTAN 13 19

ALGIERIA 2 2

ARMENIA 73 195

AZERBAIJAN 9 17

BANGLADESH 8 8

WITHOUT CITIZENSHIP 34 45

BELARUS 19 25

CHINA 4 5

DEMOCRATIC REPUBLIC OF CONGO 1 1

EGYPT 13 14

ERITREA 3 4

ETHIOPIA 1 1

GAMBIA 1 1

GHANA 2 2

GEORGIA 134 394

GUINEA 0 1

INDIA 5 5

IRAQ 44 62

IRAN 13 14

YEMEN 4 9

JORDAN 3 3

KAMERUN 2 2

CANADA 0 2

KAZAKHSTAN 13 31

KYRGYZSTAN 61 147

CONGO 6 6

CUBA 3 3

LEBANON 0 1

LIBYA 5 6

LUXEMBOURG 0 1

MADAGASCAR 1 1

MOLDOVA 1 1

MONGOLIA 1 8

NEPAL 3 3

43

UNIDENTIFIED 3 3

NIGERIA 4 4

PAKISTAN 25 26

PALESTINE 0 1

RUSSIA 2713 7989

including Chechnya 2469 7361

RWANDA 2 2

SENEGAL 4 4

SOMALIA 2 2

SRI LANKA 3 4

SUDAN 1 1

SYRIA 190 295

TAJIKISTAN 178 541

TUNISIA 2 2

TURKEY 10 15

TURKMENISTAN 1 1

UKRAINE 1231 2305

UZBEKISTAN 20 34

VIETNAM 56 56

IVORY COAST 1 1

FINAL SUM 4927 12325

44

Table 2: Number of people towards whom the Head of the Office for Foreigners

issued in 2015, a decision in the procedure for granting a refugee status/granting

international protection

Citizenship The refugee

status Subsidiary protection

Permission for tolerated stay

Negative Amortization TOTAL

AFGHANISTAN 8 7 2 4 12 33

ALGIERIA 1 - - 1 2 4

ANGOLA - - 1 - - 1

ARMENIA - 1 10 43 146 200

AZERBAIJAN - - - 3 12 15

BANGLADESH 1 - - 2 8 11

WITHOUT CITIZENSHIP 20 1 - 5 34 60

BELARUS 14 1 - 18 13 46

CHINA 2 - - 3 6 11 DEMOCRATIC REPUBLIC OF CONGO - - 1 - 1 2

EGYPT 15 - - 3 3 21

ERITREA - 9 - - 2 11

ETHIOPIA - - - - 1 1

FRANCE - - - - 1 1

GAMBIA - - - 1 - 1

GEORGIA - - 6 121 348 475

GUINEA - - 2 - 3 5

INDIA - - - 3 2 5

IRAQ 24 24 - 1 19 68

IRAN 5 - - 5 9 19

YEMEN - 3 - - 6 9

JORDAN 2 - - 5 - 7

KAMERUN - - - 1 - 1

CANADA - - - - 1 1

KAZAKHSTAN - 2 - 24 16 42

KYRGYZSTAN 5 - - 90 87 182

CONGO - - - 1 - 1

CUBA 8 - - - - 8

LEBANON - - - 2 1 3

LIBYA 1 2 - - 5 8

MALI - - - - 1 1

MOROCCO 1 - - - 1 2

MOLDOVA - - - 1 - 1

MONGOLIA - - - 3 - 3

NEPAL - - - - 3 3

UNIDENTIFIED - - - 1 1 2

NIGERIA - - - 4 3 7

PAKISTAN - - - 10 18 28

PALESTINE 1 1 - - 2 4

ENTRAL AFRICAN REPUBLIC 1 - - 1 - 2

RUSSIA 21 104 91 670 6566 7452

including Chechnya 19 94 75 593 6045 6826

RWANDA 2 - - - 3 5

45

SENEGAL - 1 - 1 - 2

SOMALIA - 2 - - 2 4

SRI LANKA - - - 1 1 2

SUDAN - - - - 1 1

SYRIA 203 3 - 1 90 297

TAJIKISTAN 1 - - 18 498 517

TOGO - - 1 - - 1

TUNISIA - - - 3 - 3

TURKEY - - 2 5 2 9

TURKMENISTAN 12 - - 3 - 15

UGANDA - - - - 1 1

UKRAINE - 6 6 1775 764 2551

UZBEKISTAN - - - 16 13 29

VIETNAM - - - 28 14 42

IVORY COAST - - - - 2 2

FINAL SUM 348 167 122 2877 8724 12238

46


issued in 2015, the decision on depriving of international protection

Citizenship Deprivation of the

subsidiary protection

Deprivation of a refugee status

TOTAL

AFGHANISTAN - 11 11

IRAQ - 4 4

RUSSIA 21 2 23

SOMALIA - 1 1

FINAL SUM 21 16 39


issued in 2015, in the procedure for granting a refugee status/granting international

protection the decision on withholding the execution of the decision on obligation to

return

Citizenship Number of people

RUSSIA 7

the geneva convention relating to status of refugees new ......3 1. legal status the geneva...

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