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• Separated children in Poland

Forms of protection

Forms of protection and legal possibilities of regulating the stay in Poland

On the ground of the Act of 13 June 2003 on granting protection to aliens within the territory of the Republic of Poland a separated child may be granted the following forms of protection:

§         refugee status,

§         supplementary protection

§         asylum

§         permit for tolerated stay

§         temporary protection.[1]    

The criteria of granting the refugee status are determined by the Geneva Convention.

 

Supplementary protection is granted to a foreigner, who does not fulfill the terms and conditions of receiving a refugee status; nevertheless, his/her return to the country could expose him to actual risk of incurring serious injury through:

1)  awarding a penalty of death or performing the execution.

2)  tortures, inhuman or humiliating treatment or punishment

3)  serious and individualized threat to life or health resulting from common use of violence against civil population in the situation of international or internal armed conflict

Due to these potential risks, the foreigner cannot or does not want to enjoy the protection of the country of origin.

 

Asylum is granted to a foreigner when providing her/him with protection is necessary and if it lays in the best interest of the Republic of Poland. As such, it is very rare for foreigners to be granted asylum.

 

A permit for tolerated stay is granted to foreigners whose expulsion from Poland could result in relocation to a country where their rights to life, freedom, and personal safety would be under threat; where they could be subjected to torture or inhumane treatment or punishment; where they could be forced to work; where they would be deprived of the right to a fair trial or punished without legal grounds – within the meaning of the Convention on Human Rights and Fundamental Freedoms[2]. Also, a permit for tolerated stay is granted to foreigners whose expulsion would violate the right to family life within the meaning of Convention for Human Rights and Fundamental Freedoms or would violate the child’s right defined in the UN Convention on Child’s Rights. In addition, a permit for tolerated stay is granted to foreigners whose deportation is enforceable due to reasons beyond the Polish authorities or beyond the foreigner or whose expulsion can be effected only to a country to which extradition is forbidden[3].

 

Temporary protection may be granted to foreigners arriving to in great numbers, who have left their country of origin or specific geographical area for the following reasons: foreign invasion, war, civil war, ethnic conflicts or serious violation of human rights, regardless whether their arrival was spontaneous or aided by the Republic of Poland or by international community. A temporary protection should be provided up to the day on which foreigners are able to return to their previous place of residence, however, not exceeding one year. If any obstacles to a safe return of foreigners to their previous place of residence still exist after one year, the period of protection shall be extended for a further 6 months. Such extension may take place no more than twice.[4]

 

In the light of Polish legislation there are special provisions to separated children whose parents are unknown or whose citizenship has not been defined. According to the Act of 15 February 1962 regarding Polish Citizenship, a child who has been born or found on the territory of Poland is granted Polish citizenship if his/her parents are unknown or their citizenship is not determined or they are stateless.