Expulsion
The decision about expulsion of a separated child to the country of origin or to another country shall be executed only when she/he is under a care of the legal representative, unless the manner of executing the expulsion order provides that the minor shall be handed over to the legal representative or to the representative of the competent agency of the country to which the expulsion is carried out to. In addition, the expulsion cannot impinge on child’s rights defined by the Convention on Child’s Rights. The Article 97 of the Act on 13 June 2003 on granting protection to aliens within the territory of the Republic of Poland states that a minor cannot be expelled and shall be granted the tolerated stay if the expulsion “violate(s) the child’s right determined in the Convention on Child’s Rights adopted by General Assembly of the United Nations on November 20, 1989 (the Journal of Laws of 1991, No. 120, item 526 and of 2000 No. 2 item 11), to the extent making threat to psychophysical development of such child.”
With regard to the proceedings related to the issuance of the expulsion order, it is not clear which agency is directly responsible for family tracing and which institutions should participate in the process of determining what the best interest of a particular child is.
