Asylum procedure
With regard to the asylum procedure there are following instances. The first instance proceedings are conducted by the Head of the Office for Foreigners. The Office for Foreigners is a governmental agency competent with the respect to entry of foreigners in the
the decision issued by the lower instance.
On the ground of the Act of 13 of June 2003 on granting protection to aliens within the territory of the
With regard to the asylum interview procedure, the Head of the Office for Foreigners shall notify a legal guardian of an unaccompanied minor at the latest 7 days in advance about terms and place of the hearing. A legal guardian shall inform a separated child on the way and importance of the procedure, and possible results of the hearing. The interview shall be carried out in a language understandable for a child and in the way adapted to child’s age, level of maturity, and mental development. The fact that minor’s knowledge on a situation in her/his country of origin is limited should be taken into account. During a hearing a separated child is assisted by the following persons:
- a legal guardian;
- an adult appointed by a child, if it does not obstruct proceedings;
- a psychologist or an educator who prepare an opinion on psychological and physical conditions.
A legal representative is entitled to post questions and make comments. There is a possibility of recording a hearing. A separated child can be interviewed only by a qualified person who fulfills one of the following conditions:
- MA in law and 2 years of working experience in institutions which scope of activities including care for separated children
- MA, 2 years of working experience in the public administration, and training in the field of proceedings related to unaccompanied minors applying for the refugee status
- MA in one of the following subjects: psychology, sociology or pedagogy and 2 years of working experience in the public administration
Hearings of separated children asylum seekers used to be carried out in a special and friendly room adapted to psychological needs of child and situated in the permissions of the Nobody’s Children Foundation. The room met both the psychological needs of children, and the formal requirements associated with legal interviews. The technical equipment included a large one-way mirror providing good visibility; a camera transmitting the image to another room and recording the interview; as well as microphones to register sounds. Currently, asylum interviews are conducted in the Children Home Number 9 in
Rejected asylum seekers, who were not granted any kind of humanitarian protection, receive a removal order. In case of separated children they stay in a care center until Polish authorities transfer them to the competent authorities or to a competent institution in the country of origin. Those children have also possibility of applying for a voluntary return assistance provided by IOM. In practice, the majority of separated children asylum seekers are granted any of the mentioned above humanitarian protection.
