Me in the asylum procedure. About the rights and responsibilities under the procedure.

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3 Prof. Irena Rzeplińska Ewa Ostaszewska - Żuk Karolina Rusiłowicz Maja Tobiasz Jacek Białas Me in the asylum procedure. About the rights and responsibilities under the procedure. Warsaw, 2012

4 Me in the asylum procedure. About the rights and responsibilities under the procedure. Concept: Prof. Irena Rzeplińska Ewa Ostaszewska - Żuk Karolina Rusiłowicz Maja Tobiasz Jacek Białas This publication was prepared under the "Lawyers for refugees V" project, supported by the European Refugee Fund and the state budget. The European Commission is not responsible for the contents of this publication. Published by: Helsińska Fundacja Praw Człowieka ul. Zgoda 11, Warszawa tel. (0 22) , fax (0 22) ISBN Cover designed by: Kolektyw Wizualny Translated and proofread by: COMTEX Typeset by: Kolektyw Wizualny Printed by: Duchno Teresa Duchnowska Warsaw, 2012

5 Introduction Refugees, migrants and foreigners in general have become a permanent feature of Poland s landscape: of the places where we live, work and spend holidays. This guide is intended mainly for those foreigners who seek international protection. However, it will also be useful for all those who work with foreigners: administration officers, employers hiring foreigners, people who teach foreigners, treat their illnesses and deal with them in various situations. The guide is written from the perspective of a foreigner, a person who is seeking answers and explanations and knows next to nothing about the asylum procedure or other forms of international protection, or about situations she/he may face, such as detention or deportation. I think it is very important that the guide stresses that all information provided by a foreigner to officers, social workers and lawyers during asylum proceedings is strictly confidential. No such information can be passed to the refugee s home country. The very title of the guide, Me in the asylum procedure, says much about its contents. The authors are experienced lawyers of Free Legal Assistance to Refugees and Migrants Programme of the Helsinki Foundation for Human Rights. The questions posed by the foreigner in the guide are questions we hear every day issues raised by foreigners, migrants, refugees, issues which they do not understand and which they bring up most often in conversations; these issues are difficult to explain to a person who has a different legal culture and different customs and speaks a different language. One of these issues is getting married in Poland; although unrelated to the asylum procedure, it is nevertheless often raised by foreigners and often poses certain practical problems. At the end of the guide there is a list of institutions and non-governmental organizations who provide help to refugees. The list has grown rather long over the 20 years Poland has been granting refuge status to foreigners, which is good there are quite a few places one can turn to for information and advice concerning the often complex problems faced by migrants and refugees in Poland. Irena Rzeplińska, Professor of the University of Warsaw 3

6 Contents SŁOWNICZEK 1. APPLYING FOR ASYLUM p Where can I submit an asylum application? 2. What actions will be taken by the Border Guard once I have submitted my application? 3. What happens after submitting the application? 2. RIGHTS AND RESPONSIBILITIES DURING THE PROCEDURE p What is a TZTC [Temporary Foreigner s ID]? 2. What help am I entitled to as an asylum applicant? 3. Do I have to stay in an accommodation centre? 4. Am I entitled to health care? 5. Am I allowed to work? 6. Can I go abroad during the asylum procedure? 7. What is the Dublin II procedure? 8. A member of my family stays in another European country. How can I reunite with this person? 9. Can I be deported during the procedure? 10. When will the asylum interview take place and what does it consist in? 11. When can I provide evidence? 12. How long will I wait for the decision concerning my case? 13. My case has been dragging on for a very long time What can I do? 3. MINORS p I am a minor Can I submit an asylum application? 2. Where will I stay after submitting an asylum application? 3. Will I be interviewed during the asylum procedure? 4. PROTECTION SCHEMES IN POLAND p What protection can I be granted in Poland? 2. When will I be granted refugee status? 3. Can I claim asylum if I was not in danger when I was leaving my home country, 4

7 but later things changed and now I am afraid to return to my home country? 4. When will I be granted subsidiary protection? 5. When will I be granted a tolerated stay permit? How to apply for a residence card? 5. I HAVE RECEIVED A POSITIVE DECISION WHAT NEXT? p How to apply for a residence card? 6. REFUSAL TO GRANT PROTECTION IN THE REPUBLIC OF POLAND p In what circumstances do the authorities refuse to grant refugee status? 2. In what circumstances do the authorities refuse to grant subsidiary protection? 3. In what circumstances do the authorities refuse to grant a tolerated stay permit? 4. In what circumstances do the authorities decide to deport me from Poland? 7. I HAVE RECEIVED A NEGATIVE DECISION WHAT NEXT? p How much time do I have to make an appeal? 2. What does it mean that the decision has been delivered? 3. How to make an appeal? 4. What will happen once I make an appeal? 5. What decisions may the Council for Refugees take? 6. What can I do if I receive a negative decision from the Council for Refugees? 8. COURT PROCEEDINGS p How much do court proceedings cost? 2. Can I file a complaint with the court if I have no money? 3. I have received free legal advice from the court What next? 4. Can I be deported during the court proceedings? 5. Am I entitled to social assistance and to a Temporary Foreigner s ID (TZTC) during the court proceedings? 6. Do I have to be present in the court during the hearing? 7. Will an interpreter be present during the hearing? 8. What decisions can the court make? 9. The court has dismissed my complaint What next? 10. Final complaint What next? 9. FILING A NEW ASYLUM APPLICATION p My asylum procedure has been completed Can I file a new asylum application? 2. Where should I file my new application? 5

8 3. Will an interview take place as part of the new procedure? 4. Am I entitled to social assistance and to a Temporary Foreigner s ID (TZTC) during the new procedure? 5. What decisions may the authorities take during the new procedure? 10. DETAINING AN ASYLUM SEEKER p Can I be apprehended by the Border Guard? 2. Will I be placed in a detention centre or in jail? 3. What is the difference between a detention centre and jail? 4. Am I allowed to contact my lawyer or non-governmental organizations while in a detention centre/jail? 5. Will I be released from the detention centre/jail if I submit an asylum application while staying there? 6. When will I be released from the detention centre/jail? 11. GETTING MARRIED IN POLAND p What documents do I need to get married in Poland? 2. Is it true that I cannot get married in the Republic of Poland if I do not have the documents necessary to get married? 3. What are the proceedings in the Register Office? 4. How long will I have to wait to get married? 5. Getting married What next? 6. Will my marriage affect my asylum proceedings? LIST OF NON-GOVERNMENTAL ORGANIZATIONS p. 58 Bibliography p. 59 6

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10 1Applying for asylum 1 Where can I submit an asylum application? p. 9 2 What actions will be taken by the Border Guard once I have submitted my application? p. 9 3 What happens after submitting the application? p. 10 8

11 1 Where can I submit an asylum application? Your asylum application must be submitted through the Border Guard (hereafter referred to as the BG) to the Head of the Office for Foreigners (hereafter referred to as the Head of the OF). You should inform the BG officer that you want to apply for refugee status; use an internationally recognized term, such as asylum. On arrival to Poland, you can apply at the border or at an airport. If you are already in Poland, you should apply through the Nadwiślański Branch of the BG in Warsaw, 33 Taborowa Street (OF building). If you are in a detention centre for foreigners (hereafter referred to as DCF), you should apply through the chief of the BG branch with jurisdiction over the area where the DCF or deportation jail is located.! NOTE: You can also submit your asylum application when you are in Poland illegally; however, if this is the case you may be apprehended. MORE INFORMATION -> DETAINING AN ASYLUM SEEKER p. 51 Asylum application must always be submitted in person. Family members (spouse and minor children supported by their parents) may submit a joint application which will be considered as one case. 2 What actions will be taken by the BG once I have submitted my application? A BG officer will photograph you and the people in behalf of whom you are submitting the asylum application, and will take your fingerprints (this only refers to persons aged over 14 years). You will also have medical examination. The application must be submitted on a special form and a BG officer will conduct a short interview with you to get information concerning: your personal details, how you entered Poland, the country you came from and general reasons which made you apply for refugee status in Poland. During this short interview with the BG officer you will have the right to speak your own language, so an interpreter should be provided if needed. The BG officer should also provide you with information regarding the rules of the asylum procedure, your rights and obligations, and give you contact details of organizations providing help to refugees. 9

12 p. 58 LIST OF NON-GOVERNMENTAL ORGANIZATIONS IMPORTANT: Provide as detailed answers to the questions as possible because this testimony will be later compared with your testimony given during your interview in the Office for Foreigners (hereafter referred to as the OF), which is the most important part of the asylum procedure. Economic or financial reasons for leaving your home country are not in themselves sufficient grounds for providing protection to you. If you have any documents to support your testimony, you should present them.! IMPORTANT! The BG officer cannot refuse to accept the asylum application or decide that it is unsubstantiated. The Head of the OF is the competent authority to consider your application and make that decision. 3 What happens after submitting the application? Once you decide to apply for refugee status, the visa which allowed you to enter Poland (if you have one) will be revoked. Your travel document (passport) will be taken from you by the BG and deposited in the OF for the time of the proceedings. In return you will get a Temporary Foreigner s ID (TZTC). p. 13 more information -> What is a TZTC [Temporary Foreigner s ID]? You are entitled to social assistance and health care during the proceedings. p. 16 more information -> Do I have to stay in an accommodation centre? Am I entitled to health care? Remember to notify the OF or the Council of each change of your address so as to ensure that each letter concerning the case is delivered to you. Among others, you will receive by mail a summons for an interview, which is the most important part of the asylum procedure. p. 19 more information -> When will the asylum interview take place and what does it consist in? 10

13 ! IMPORTANT: No data indicating that an asylum procedure involving you took place, or that you were granted or refused refugee status or subsidiary protection, can be provided to the authorities of your home country. notes 11

14 2 during Rights and responsibilities the procedure 1 What is a TZTC [Temporary Foreigner s ID]? p What help am I entitled to as an asylum applicant? p Do I have to stay in an accommodation centre? p Am I entitled to health care? p Am I allowed to work? p Can I go abroad during the asylum procedure? p What is the Dublin II procedure? p A member of my family stays in another European country. How can I reunite with this person? p Can I be deported during the procedure? p

15 10 11 When will the asylum interview take place and what does it consist in? When can I provide evidence? p. 19 p How long will I wait for the decision concerning my case? p My case has been dragging on for a very long time What can I do? p What is a TZTC [Temporary Foreigner s ID]? Once you have submitted an asylum application, your stay in the Republic of Poland is legal. You give your passport to be deposited for the duration of the procedure, and in return you get a document called Tymczasowe Zaświadczenie Tożsamości [Temporary Foreigner s ID] (TZTC), popularly known as a visa. The Temporary Foreigner s ID (TZTC) certifi es your identity and entitles you to stay in Poland for the duration of the asylum proceedings. You will get this document from the BG on submission of your asylum application. The fi rst TZTC is valid for one month. After this period, you should apply to the Head of the OF for a new TZTC, which will be valid for up to 6 months; this should be repeated until the procedure is completed. You should apply for a new TZTC whenever the period of validity of the old one expires or any data contained in it changes. 2 What help am I entitled to as an asylum applicant? During the asylum procedure you are entitled to social assistance provided in the accommodation centre for foreigners or outside it. MORE ABOUT SOCIAL ASSISTANCE >>> p. 30 p. 39 p. 45 In both cases, you should go to the Reception Centre in Podkowa Leśna Dębak (you may get there from Warsaw by the WKD commuter train get off the train at Otrębusy station). 13

16 How to get to Reception Center? Warszawa Śródmieście WKD commuter train station A Stacja WKD Warszawa Śródmieście DWORZEC CENTRALNY [Metro] Centrum To get to the WKD commuter train station: take a tram / bus to Dworzec Centralny [Central Railway Station] / Metro Centrum [Centrum Underground Station] and then take a 10-minute walk. Otrêbusy WKD Tickets are sold at a ticket window at the commuter train station. Remember to punch your ticket on the train! Otrębusy WKD commuter train station mapka dojazdu do ośrodka 3 km 720 the 16th station of the WKD commuter train counting from Warszawa Śródmieście station, just past the Kanie Helenowskie station. Dębak Reception Centre B

17 Temporary Foreigners ID TZTC Template of a Temporary Foreigner s ID [TZTC] issued by the Authority Accepting the Application avers photo of the owner revers Template of a Temporary Foreigner s ID [TZTC] issued by the Head of the Office for Foreigners avers revers 15

18 That is where you should complete all the necessary formalities, i.e. submit an application for social assistance, explain (if applicable) why you do not want to live in an accommodation centre for foreigners and wish to apply for social assistance provided outside the centre. You will be accommodated in one of centres for foreigners located in various parts of Poland, depending on the availability of places. In principle, you will be granted social assistance in a centre for foreigners. Such social assistance consists of: A B C D E F G accommodation, full board or cash equivalent of full board (e.g. if your children go to school). pocket money for small personal expenses, regular money for cleaning and personal hygiene products, a one-time payment or vouchers for clothes and shoes, Polish language lessons and language learning materials, learning resources for children provided with education and care in public institutions, primary schools, junior high schools and high schools, payments for public transport fares for trips made in order to participate in the asylum proceedings, receive medical treatment or vaccination, or in other justified cases). 3 Do I have to stay in an accommodation centre? Not necessarily. You may also apply for monthly payments to allow you to stay outside the centre. Such an arrangement may be made for the following reasons: to ensure the foreigner s safety, with particular regard to the situation of single women; to protect public order; to protect and maintain family relations (if a member of your family resides 16

19 legally in Poland and you would rather live with this person than stay in a centre) 4 to prepare the foreigner for an independent life outside the centre once he/she is granted refugee status. However, you should remember that opting for such an arrangement means that you will have to rent a flat on your own and pay all your living expenses from the money you get from the Office for Foreigners. 4 Am I entitled to health care? Yes you are, whether you stay in or outside a centre for foreigners. Health insurance covers all the medical services available to an insured citizen of Poland, with the exception of treatment in a sanatorium. 5 Am I allowed to work? If the decision concerning your asylum application is not issued within 6 months and you are not responsible for the delay (i.e. as a result of leaving Poland during the proceedings), you have the right to apply to the Head of the OF for a certificate which, together with your TZTC, will give you the right to work legally in the Republic of Poland. The certificate will be valid until your asylum procedure is completed (which means that it will remain valid also when you file an appeal, for as long as your case is being considered by the Council for Refugees). 6 Can I go abroad during the asylum procedure? You should stay in Poland until the final decision concerning your case has been made. Your Temporary Foreigner s ID (TZTC) does not entitle you to cross the border; therefore, if you decide to do that, you may be apprehended for illegal border crossing. Although border controls within the Schengen area have been abolished, the border guards of the Schengen countries control the borderland and are authorized to check if your stay in a particular country is legal. If you go to another EU country on your own initiative after having submitted an asylum application in Poland, it is very likely that you will be deported to Poland.! Remember that illegal border crossing or attempted illegal border crossing is sufficient grounds for the Border Guard to apprehend you, and then for the Court to put you in a detention centre for foreigners or in a deportation jail. 17

20 7 What is the Dublin II procedure? In the European Union, each individual asylum case is considered by only one Member State. It is usually the first EU country which the foreigner seeking refugee status has entered. Therefore, if you have crossed the border of Poland as the first country of the European Union, Poland is responsible for considering your asylum application. If, for example, you have a visa to Spain, but you entered Poland and submitted your asylum application here, Spain is responsible for considering your case.! IMPORTANT! If you are refused protection in Poland, it does not mean that you can go to another EU country and try to get protection there if you do that, you will be turned back to Poland. 8 A member of my family stays in another European country. How can I reunite with this person? If a member of your family lives in another EU country (it does not matter if he/she has been granted refugee status or his/her application is still being considered) and you want to reunite with this person, you should apply to the Head of the OF for launching a Dublin II procedure in your case. You should enclose documents confirming your ties with the family member you want to reunite with (birth certificate, marriage certificate). Next, the Office for Foreigners will request the authorities of the country where the member of your family lives to accept your application.! IMPORTANT! If you want to reunite with a person who has not yet been granted refugee status and his/her application is still under consideration, then you should demonstrate that the family ties between you and that person existed already in your home country. Remember that only the following persons are considered family members: your spouse minor children (if they are not married and are supported by you), your parent or guardian (if you are an unattended minor). You may also reunite with a family member other than the persons listed above if you need their help when you are pregnant, seriously ill or elderly. However, in this event, the state to which you want to be transferred may refuse such a reunion. 18

21 In either case, the Office for Foreigners will inform you in writing about the decision taken by the state you want to go to. This will not be Poland s decision and it will not be possible to appeal against it. However, if any new circumstances emerge you will have the right to apply to the OF to request the authority of the state to which you want to be transferred to take over the responsibility for considering your asylum application. 9 Can I be deported during the procedure? You are protected against deportation from the time of submission of your asylum application until the completion of the procedure, i.e., in principle, until the Council for Refugees issues its decision. Hence if the Head of the OF refuses to grant you refugee status, subsidiary protection or a tolerated stay permit, and decides to deport you from Poland, do not worry. If you appeal against the decision within 14 days, you shall not be deported until the Council for Refugees issues its decision. more information >>> Can I be deported during the court proceedings? p When will the asylum interview take place and what does it consist in? The interview is the most important part of the procedure; during the interview you will be asked detailed questions concerning the reasons why you are seeking refugee status or another form of protection. You will receive by post (or fax if you stay in a centre for foreigners) a letter notifying you of the precise date and time of the interview. If you are staying in a DCF, the interview will take place in the DCF. During the interview, you will have the right to speak a language you understand, hence an interpreter will take part in the interview, if needed. It is advisable to check earlier if the interpreter can speak the same dialect as you. If he/she cannot, you should immediately notify an OF staff member of the problem. Your lawyer, if you have one, may also participate in the interview. You may also submit in advance a request for psychological assistance during the interview, if you feel you will need a psychologist. You will be asked questions concerning the reasons why you left your home country and how you got to Poland. Your credibility is of great significance here, therefore it is very important that you explain in detail why you had to leave your country. It is important to provide, if possible, information that can be verified later (names, 19

22 dates). Make sure that your testimony is not self-contradictory and remember what you testified when submitting your application.! Remember that the OF staff member, the interpreter, your lawyer and the social workers are obliged to keep strictly confidential everything you said during the proceedings. After the interview, you are entitled to a written copy of your interview record which is only prepared in Polish. The interpreter should read the record to you in the language in which you speak. By signing the interview record (you will have to sign it in order to get a copy) you declare that you agree with the contents of the record. That is why it is very important to make sure in advance that you and your interpreter understand each other very well and that everything has been written down correctly in the record. It will not be possible to correct the record later.! Remember that you have the right not to agree with what the record says and/or to add something to the record! If you want to make any changes in your testimony, they should be written down before you sign the record. 11 When can I provide evidence? Documents and other evidence, if applicable, may be presented at any stage of the procedure (but before the decision in the case is issued). Original documents should be presented (if you want to submit copies, you should at least take the originals with you when you go to the Office). You do not have to translate the documents. You have the right to enclose documents prepared in your language if they are relevant to the case, they will be translated by the Office and taken into account.! Make sure that the Office provides you with written confirmation of the fact that you have submitted evidence in your case. 12 How long will I wait for the decision concerning my case? The decision in your asylum case should be issued within 6 months from the date of submission of the asylum application. If the asylum application is considered obviously groundless, the decision should be issued within 30 days. 20

23 If the above decisions have not been issued within these respective deadlines, the Head of the OF should notify you of the reasons for the delay and of the new deadline for the decision. 13 My case has been dragging on for a very long time What can I do? If a decision concerning a new deadline or extension of the deadline is not issued or if your case is dragging on, you have the right to complain to the Council for Refugees (hereafter referred to as the Council). If the Council decides your complaint is justified, it will set a new deadline for the case and order an inquiry to find the reasons for the delay and the persons responsible for it; if necessary, the Council will also order measures aimed at avoiding such delays in the future. notes 21

24 3Minors 1 I am a minor Can I submit an asylum application? p Where will I stay after submitting an asylum application? p Will I be interviewed during the asylum procedure? p

25 1 I am a minor Can I submit an asylum application? If you are less than 18 years old, you are a minor, but you too have the right to submit an asylum application. Having received your application, the BG will request the court of protection to appoint a legal guardian to represent you in the asylum procedure and to place you in a foster care centre. The Head of the OF will make a similar request if the fact that you are a minor emerges during the asylum proceedings. The Head of the OF will also take reasonable steps to find your relatives. 2 Where will I stay after submitting an asylum application? You will be taken by BG officers to a foster family or a foster care centre, and you will stay there until the court of protection makes a ruling. 3 Will I be interviewed during the asylum procedure? You will be interviewed as other foreigners who have submitted asylum applications in Poland; however, your interview will look different than interviews with adult foreigners. Your guardian will be notified in writing about the interview at least 7 days before the interview takes place, so that he/she has the time to advise you about the significance and possible consequences of the interview and about ways to prepare for the interview. Your guardian is entitled to ask questions and put forward propositions. The guardian must also be notified of the possibility to record the interview using audio or video equipment. An interpreter may also be present during the interview. The interview takes place in the presence of the guardian; an adult designated by the guardian, if this does not hamper the proceedings a psychologist or counsellor who prepares an opinion about the mental and physical condition of the minor. more about interview >>> When will the asylum interview take place and what does it consist in? p

26 In addition, before the interview, you have to be advised about: the factual and legal circumstances which may affect the outcome of the proceedings in your case, and the possibility to request that the interview take place in the presence of an adult designated by you. If the decision in your case is negative, you will stay in the foster care centre until you are transferred to a body or organization from your home country whose statutory areas of responsibilities include minors. p. 34 more information >>> I HAVE RECEIVED A NEGATIVE DECISION WHAT NEXT? notes 24

27 4Protection schemes in Poland 1 What protection can I be granted in Poland? p When will I be granted refugee status? p Can I claim asylum if I was not in danger when I was leaving my home country, but later things changed and now I am afraid to return to my home country? p When will I be granted subsidiary protection? When will I be granted a tolerated stay permit? p. 27 p

28 1 What protection can I be granted in Poland? If you have submitted an asylum application, you may be granted one of the following three forms of protection: 1 refugee status, 2 subsidiary protection, 3 a tolerated stay permit. 2 When will I be granted refugee status? You will be granted refugee status if due to justified fear of persecution in your home country you cannot or you do not want to be protected by this country. Such persecution may be related to: race (e.g. the colour of the skin or the fact that you belong to a particular ethnic group), religion (i.a. theistic, non-theistic or atheistic beliefs), nationality (in this context, this term is not narrowed down to being a citizen of a particular country), political views (i.e. having particular views or beliefs concerning states involved in persecution and their methods), belonging to a particular social group (such as women or homosexuals). Persecution may, for example, consist in the following: physical violence and emotional abuse, including sexual abuse; use of legal, administrative, policing or judicial instruments in a discriminatory manner or of discriminatory nature; instituting or conducting criminal proceedings, or punishing in a manner which is of disproportionate or discriminatory nature; lack of the right to appeal to the court against disproportionate or discriminatory punishment; 26

29 instituting or conducting criminal proceedings, or punishing for refusal of armed service during a conflict, if such armed service would constitute a crime actions taken against individuals due to their sex or minority. 3 Can I claim asylum if I was not in danger when I was leaving my home country, but later things changed and now I am afraid to return to my home country? If you were not in danger when you were leaving your home country, but things changed during your stay in Poland, you can claim asylum because you are a so-called sur place refugee. 4 When will I be granted subsidiary protection? You will be granted subsidiary protection if: 1 2 you do not meet the criteria for refugee status, and returning to your country of origin may put you at a real risk of serious harm in the form of: a b c a death sentence or execution, or torture, inhumane or humiliating treatment or punishment, or a serious and individual threat to your life or health resulting from widespread use of violence against civilians during an international or domestic armed conflict. 3 due to the above risk you cannot or do not want to be protected by your home country. 5 When will I be granted a tolerated stay permit? You will be granted a tolerated stay permit in the Republic of Poland under the asylum procedure if: 1 2 you do not meet the criteria for refugee status nor for subsidiary protection, and your deportation: would only be possible to a country where your right to life, freedom and 27

30 personal safety would be threatened, where you could be tortured or be treated in an inhumane or humiliating manner, or punished, or be forced to work, or be deprived of the right to a proper court trial, or be illegally punished would violate your right to family life or would violate your child s rights to an extent threatening his/her mental and physical development. notes 28

31 5 I have received a positive decision what next? 1 Once I receive a positive decision, will I still be entitled to the same social assistance and p. 30 health care as during the asylum procedure? 29

32 Both the OF and the Council may issue the following positive decisions: grant refugee status refuse refugee status and grant subsidiary protection refuse refugee status, refuse subsidiary protection and grant a tolerated stay permit.! NOTE! All the decisions listed above are positive decisions even though the word refuse appears in points 2 and 3. 1 Once I receive a positive decision, will I still be entitled to the same social assistance and health care as during the asylum procedure? Yes, you will be able to stay in a centre for foreigners and be entitled to health care, or receive social assistance outside the centre, for 2 months from the date of receipt of the positive decision. After this period, you will have to take care of your income and accommodation on your own; however, remember that if you have been granted refugee status or subsidiary protection, you may apply to participate in an Individual Integration Programme [ Indywidualny Program Integracyjny (IPI)], which will make it easier for you to organize your life after you receive a positive decision. 30

33 6Refusal to grant protection in the Republic of Poland 1 In what circumstances do the authorities refuse to grant refugee status? p In what circumstances do the authorities refuse to grant subsidiary protection? p In what circumstances do the authorities refuse to grant a tolerated stay permit? p In what circumstances do the authorities decide to deport me from Poland? p

34 1 In what circumstances do the authorities refuse to grant refugee status? You will be refused refugee status in any of the following circumstances justifying refusal: there is no justified threat of persecution in your home country; you have the protection or assistance of United Nations bodies or agencies other than the UN High Commissioner for Refugees (provided that in the given situation you have the practical and legal means to return to the territory where such protection or assistance is available, without threat to your life, personal safety or freedom); there are serious reasons to believe that: a you have committed a crime against peace, a war crime or a crime against humanity, as defined by international law, B you are guilty of acts contrary to the purposes and principles of the United Nations as set out in the Preamble and Article 1 of the Charter of the United Nations, C you have committed a non-political crime outside the Republic of Poland prior to submission of asylum application, the competent authorities of the Republic of Poland consider you to be a person having the rights and obligations associated with Polish citizenship, there are serious reasons to believe that you have incited or otherwise participated in crimes or acts referred to in point 3), if you have submitted a subsequent asylum application, the authorities will refuse to grant you refugee status, if your fear of persecution is based on circumstances which you have purposefully created after being refused refugee status in the previous procedure. 2 In what circumstances do the authorities refuse to grant subsidiary protection? You will be refused subsidiary protection in any of the following circumstances justifying refusal: 1 2 there is no real risk of you being seriously harmed, there are serious reasons to believe that: A you have committed a crime against peace, a war crime or a crime against 32

35 humanity, as defined by international law, B you are guilty of acts contrary to the purposes and principles of the United Nations as set out in the Preamble and Article 1 and of the Charter of the United Nations, C you have committed a crime in the Republic of Poland or an act outside the Republic of Poland which is a crime according to Polish Law, D you pose a threat to state security or to the safety of the society, 3 4 there are serious reasons to believe that you have incited or otherwise participated in crimes or acts referred to in point 2 A-C. if, before entering Poland, you have committed an act other than the acts listed above which is a crime punishable by imprisonment under Polish Law, you may be refused subsidiary protection if you left your home country with the sole purpose of avoiding punishment. 3 In what circumstances do the authorities refuse to grant a tolerated stay permit? You will be refused a tolerated stay permit if you do not meet the criteria for granting such a permit. more information >>> When will I be granted a tolerated stay permit? str. 27! 4 In what circumstances do the authorities decide to deport me from Poland? NOTE! If the authorities refuse to grant you refugee status, subsidiary protection and tolerated stay permit, they will at the same time decide to deport you from the Republic of Poland. The authorities will not decide to deport you from Poland only if another authority has already issued such a decision concerning you and you have failed to abide by it. If a decision to deport you from the Republic of Poland has been issued, you should leave Poland within 30 days from the date of delivery of the final decision. Whether the decision is final or not depends on whether you have appealed against the decision of the Head of the OF. If you have not appealed within the statutory deadline, the decision of the Head of the OF is final and you should leave within 30 days from the date of its delivery. If you have filed an appeal, the final decision in your case will be taken by the Council, hence you will not be obliged to leave Poland on the delivery of the first negative decision (i.e. the decision of the Head of the OF). 33

36 7I have received a negative decision what next? 1 2 How much time do I have to make an appeal? What does it mean that the decision has been delivered? p. 35 p How to make an appeal? p What will happen once I make an appeal? p What decisions may the Council for Refugees take? p What can I do if I receive a negative decision from the Council for Refugees? p

37 Decisions to: refuse refugee status; refuse subsidiary protection; and to deport a foreigner from the Republic of Poland because there are no reasons to grant a tolerated stay permit, are negative decisions. If you have received such a negative decision of the Head of the OF, you may appeal against it. 1 How much time do I have to make an appeal? The appeal must be filed within 14 days of the day the decision has been delivered. Example: If the decision was delivered to you on June 13th, 2012, you may file an appeal not later than on June 27th, 2012 (in calculating the deadline you do not include the day on which the decision was delivered). 2 What does it mean that the decision has been delivered? A decision is considered to have been delivered on the day on which you actually received it. Therefore, when calculating the deadline for appeal, do not consider the date on which the decision was issued, i.e. the date on the first page of the decision. Instead, you should use the date on which you were able to get acquainted with the text of the decision for the first time (although there are some exceptions to this rule see below). The decision will be sent to the address you gave at the OF as you place of residence. If you are staying at an accommodation centre, the decision will be handed to you by a social worker. If you are staying in a Detention Centre for Foreigners or in a Deportation Jail, the decision will be handed to you by the BG. If you do not live in a centre for foreigners, the decision will be delivered to you by Poczta Polska, Poland s national post company. If you happen to be outside your home when the postman comes, he will leave a special note called awizo in your post box. Awizo is a small card which says when the postman tried to deliver 35

38 the letter to you and until when you may collect the letter at the nearest post office. This is how an awizo looks: If you find an awizo in your post box, you must go to the post office within 14 days in order to collect the letter. If you fail to collect the letter within 7 days, the postman will come to your place once again. If the postman once again fails to find you at your place, he will leave another awizo.! IMPORTANT! When going to the post office to collect the letter, remember to take your identification document (e.g. a TZTC or a passport) and the awizo. If you do not show these documents to the office clerk, he/ she will not give you the letter. Remember to regularly check your post box. If you fail to collect the letter from the post office within 14 days, it will be sent back to the OF. In such a case, the decision will be considered to have been delivered to you on the last day of the 14-day deadline. Consequently, the time for appeal will begin to run even though you have not even seen the decision concerning you. So, if you do not collect the letter from the post office, you may find that it is too late for filing an appeal. Moreover, if you are living with other people, remember that they have the right to take your letter from the postman (although they have no right to collect your letter from the post office). This is why you should regularly ask your flatmates about any letters to you. This is very important, as the time for your appeal runs from the day on which any of your flatmates receives your letter from the postman. 36

39 3 How to make an appeal? The appeal should be filed to the OF (and not to the Council for Refugees, which is the actual appeal body). You may submit your appeal personally at the OF (33 Taborowa Street in Warsaw), at the appropriate office counter, during office hours. In such a case remember to have with you a copy of your appeal. You should submit the original at the OF and ask the office clerk to confirm the submission by placing a stamp, date and signature on the copy of your appeal. This is very important as proof that you have actually filed your appeal at the OF on a given day. You may also send your appeal by mail. However, please remember that the appeal should not be sent by ordinary mail. You should always send all official correspondence (including appeals) by registered mail ( list polecony in Polish). In order to send a registered letter, you must give the office clerk the envelope containing the letter, as well as a filled-in registered mail receipt form ( potwierdzenie nadania in Polish). The form is available in all post offices. The potwierdzenie nadania form looks like this: Once your letter is registered by the office clerk, he/she will give you back the stamped potwierdzenie nadania form. Remember to keep the form at home as proof that you have sent your appeal by mail. It is best to staple the form to the copy of your appeal.! IMPORTANT! The appeal is considered filed on the day it is sent by registered mail (date on the potwierdzenie nadania form) and NOT on the day of receipt of the appeal by the OF. Remember! It does not matter whether you submit the appeal personally or send it by mail. Just choose the way which is more convenient to you. 37

40 4 What will happen once I make an appeal? If you have filed your appeal within 14 days of receipt of the negative decision, the proceedings in your case will continue. This means that you have the right to continue to receive social assistance and to get a new Temporary Foreigner s ID (TZTC).! IMPORTANT! If you file an appeal within the prescribed deadline, the implementation of the decision that you have appealed against will be automatically suspended. This means that once you have filed an appeal during the refuge status first proceeding, you cannot be deported from Poland until the Council for Refugees reaches its decision in your case. 5 What types of decisions may the Council make? The council may issue two types of positive decisions: 1 2 Decision to overrule the decision of the Head of the OF and to return the case for reconsideration. Such a decision means that the Council has cancelled the previous decision and that your case will be considered again by the OF. Consequently, the proceedings in your case will continue. Decision to overrule the decision of the Head of the OF and to grant refugee status, subsidiary protection or a tolerated stay permit. Such a decision means that the Council has ruled that the decision issued earlier by the Head of the OF was wrong and that the Council has granted you one of the forms of protection available to foreigners in the Republic of Poland. The proceeding in your case is closed. The Council may also issue a negative decision, i.e. a decision to uphold the decision you have appealed against. This means that according to the Council the decision issued by the Head of the OF was correct. 6 What can I do if I receive a negative decision from the Council for Refugees? If you receive a negative decision from the Council, you may file a complaint against it to the Voivodeship Administrative Court in Warsaw ( Wojewódzki Sąd Administracyjny w Warszawie or WSA w Warszawie in Polish) (ul. Jasna 2/4, Warszawa). The complaint must be filed within 30 days from the day on which the decision is delivered to you. Within this deadline you should send your complaint to the Council. 38

41 8Court proceedings How much do court proceedings cost? Can I file a complaint with the court if I have no money? I have received free legal advice from the court What next? p. 40 p. 40 p Can I be deported during the court proceedings? p Am I entitled to social assistance and to a Temporary Foreigner s ID (TZTC) during the court proceedings? p Do I have to be present in the court during the hearing? p Will an interpreter be present during the hearing? p What decisions can the court make? p The court has dismissed my complaint What next? p Final complaint What next? p

42 IMPORTANT! In cases concerning refugee status you may turn to the court only after the Council for Refugees, which is the authority of 2nd instance, issues its decision. 1 How much do court proceedings cost? Remember! Court proceedings are not free of charge. The fee is PLN 300. You may pay PLN 300 to the court s account or at the court s cash desk before filing the complaint. You may also choose to wait for the court to send you a demand for payment ( wezwanie do uiszczenia wpisu in Polish), calling you to pay for the court proceedings. However, remember that you must pay the fee within 7 days from the date of receipt of the letter from the court! Regardless of the form of payment you choose (transfer to the court s account or payment at the court s cash desk), you should keep evidence of the payment (bank receipt, postal transfer receipt or court cash desk receipt). 2 Can I file a complaint with the court if I have no money? You may file a complaint to the court even if you have no money. However, in such a case you must attach to your complaint a request for relief from payment of court fees. The request form is available on the website of the WSA. In the request you may ask the court to relieve you completely or partly from payment of court fees, as well as for free legal advice of a barrister ( adwokat in Polish) or a solicitor ( radca prawny in Polish) during the court proceedings. However, your request must be duly justified, which means that you have to prove that you have no money to pay the court fee. If the court accepts your request, you will receive a court decree stating that you are entitled to: full assistance (in this case you do not need to pay the court fee and you will get free legal advice) partial assistance (for example, the court may decide that you are entitled to free legal advice, but nevertheless you must pay the court fee of PLN 300). 3 I have received free legal advice from the court What next? 40

43 You should know that if, following your request, the court decides you are entitled to free legal advice, it will not name a specific lawyer in decree. This will be up to the District Society of Solicitors in Warsaw ( Okręgowa Rada Radców Prawnych w Warszawie ) or the District Barristers Council in Warsaw ( Okręgowa Rada Adwokacka w Warszawie ). This is why you will receive one more letter with the name and contact details of your lawyer. Get in touch with him/her quickly and give him/her your telephone number. This is very important! In this way, your lawyer will be able to contact you whenever necessary.! Remember that once your barrister/solicitor is appointed, he/she will be receiving all correspondence in your case. 4 Can I be deported during the court proceedings? Filing a complaint to the court will not automatically suspend your deportation from the Republic of Poland. However, the court may, on your request, issue a decree suspending your deportation until it rules in your case (i.e. until the end of the court proceedings). In your complaint, remember to ask the court to suspend your deportation. However, you should know that you may be deported from the Republic of Poland unless and until the court issues a decree suspending your deportation. 5 Am I entitled to social assistance and to a Temporary Foreigner s ID (TZTC) during the court proceedings? As a rule, the act of filing a complaint with the court does not entitle you to receive further social assistance or another TZTC from the Office for Foreigners.! NOTE! If the court has suspended your deportation from the Republic of Poland, you may try to apply to the OF for resumption of payment of your social assistance benefits. 6 Do I have to be present in the court during the hearing? Once the court sets a date for the hearing, it will send you a letter notifying you of the time and place (room) in which the hearing will take place. The court will also advise you whether you need to be present at the hearing. If the letter contains the phrase stawiennictwo obowiązkowe ( mandatory presence ), you have to go to the court for the hearing. If the letter contains the phrase stawiennictwo nieobowiązkowe ( presence not mandatory ) you do not have to go to the court it is up to you to 41

44 decide if you will take part in the hearing. 7 Will an interpreter be present during the hearing? Yes, if you submit to the court an application for an interpreter. 8 What decisions can the court make? The court may overrule the decision of the Council or the decision of the Council and the Head of the OF and return your case to them for reconsideration. The court cannot decide to grant you refugee status, subsidiary protection or a tolerated stay permit. It can only return your case to the authorities which had previously considered your case, pointing out the mistakes these authorities had made. In a new proceeding, these authorities will have to correct the mistakes pointed out by the court.! IMPORTANT! The fact that the court has returned your case to the relevant authorities for reconsideration does not necessarily mean that the new decision of the Head of the OF or of the Council will be in your favour. The court may also rule that the decisions taken by the Head of the OF and by the Council are correct. In such a case the court will dismiss your complaint. 9 The court has dismissed my complaint What next? If the court has dismissed your complaint, you (or your legal representative) have the right to apply to the court, within 7 days of the hearing, for the verdict and justification in writing. The court will then send you the written verdict and justification to your address of residence (or to the address of your legal representative). From the day of receipt of the written verdict and justification you will have 30 days for filing a final complaint with the Supreme Administrative Court ( Naczelny Sąd Administracyjny or NSA ) in Warsaw.! NOTE! The complaint must be prepared by a barrister or a solicitor. Thus, you cannot write the complaint yourself. If you have a court-appointed lawyer representing you before the WSA, he/she has a duty to consider whether such a complaint would be justified. If so, he/she will write the complaint for you. However, if your lawyer decides that the ruling of the court was correct, he/she will write a statement to the effect that there are no grounds for filing a complaint. Your lawyer should inform you whether he/she has prepared a complaint or a statement. 42

45 If during the proceeding before the WSA you had no court-appointed lawyer, you may ask for one after the verdict of the court of the first instance (WSA), so that he/she may write a final complaint for you. However, you must remember to ask for such legal assistance as soon as the negative verdict is passed. 10 Final complaint What next? The NSA may uphold your complaint and overrule the verdict of the WSA. In such an event your case will be reconsidered by the court of the first instance. The court may also overrule the decision of the Council for Refugees and/or the decision of the Head of the OF. The NSA may also dismiss your complaint; the verdict of the NSA is final, which means that you cannot appeal against it in any way. notes 43

46 9Filing a new asylum application 1 My asylum procedure has been completed Can I file a new asylum application? p Where should I file my new application? p Will an interview take place as part of the new procedure? p Am I entitled to social assistance and to a Temporary Foreigner s ID (TZTC) during the new procedure? p What decisions may the authorities take during the new procedure? p

47 1 My asylum procedure has been completed Can I file a new asylum application? Yes, you have the right to file a new asylum application. You must know, however, that the second procedure is very different from the first one. As a rule, the filing of a new application in itself does not result in suspension of deportation. Therefore, in your application you must also ask the Head of the OF to suspend your deportation. If you do that, the Head of the OF will decide whether or not to suspend your deportation and will send you the decision by mail. The Head of the OF will suspend the deportation if it is in the justified interest of the applicant, if it is not against public interest and if the new application has not been filed with the intention to delay a deportation decision or to delay or disrupt the implementation of a deportation decision. If the Head of the OF refuses to suspend your deportation, you can file a request for reconsideration of your case; however, if your second request is also rejected, you may be deported from Poland even though the new asylum procedure concerning you is still under way. 2 Where can I submit a new asylum application? Your new asylum application should be submitted to the Head of the Office for Foreigners through the officers of the Nadwiślański Branch of the Border Guard on 33 Taborowa Street in Warsaw (building of the OF). 3 Will there be an interview during the new asylum procedure? The new procedure may or may not include an interview. If the Head of the OF decides that your case may be decided basing on existing evidence, there will be no new interview. 4 Am I entitled to social assistance and to a Temporary Foreigner s ID (TZTC) during the new procedure? You are entitled to social assistance and a TZTC during the new asylum procedure. However, you should remember that if you receive a final decision to discontinue the proceedings, your title to such assistance will expire 14 days after the decision is delivered to you, i.e. quicker than under the first procedure. 5 What decisions may the authorities take during the new asylum procedure? 45

48 The authority considering your new asylum application will first of all compare your previous application(s) and the findings of the authorities under earlier procedures with the content of your new application. If the authority determines that the new application has the same basis as the previous application(s) (i.e. that you are applying for asylum on the same grounds as before you have no new evidence), it will issue a decision to discontinue the proceeding on the grounds that the new application cannot be admitted. In such an event the authority will not re-examine whether you fulfil the criteria for receiving protection in Poland. You have the right to appeal against a decision to discontinue the proceeding and then to file a complaint with the court, just like in the first procedure described above. 1 If the authority determines that your application is based on different grounds than the previous one, it will once again examine whether you fulfil the criteria for receiving protection in Poland; in such an event, the types of decisions the authority will be able to make in your case will be the same as under the first asylum procedure. notes 46

49 0 Detaining an asylum seeker 1 Can I be apprehended by the Border Guard? p Will I be placed in a Detention Centre for Foreigners or in jail? p What is the difference between a detention centre and jail? p Am I allowed to contact my lawyer or non-governmental organizations while in a Detention Centre/Jail? p Will I be released from the Detention Centre / Jail if I submit an asylum application while staying there? p When will I be released from the detention centre/jail? p

50 1 Can I be apprehended by the BG? If you have filed an asylum application you should not, as a general rule, be apprehended. However, a person may be apprehended if this is necessary in order to: verify the identity of the asylum applicant; prevent the abuse of the asylum procedure (such an abuse takes place e.g. when a foreigner files an asylum application after a long illegal stay in Poland); prevent situations threatening the safety, health, life or property of other people; protect the interests of national defence and security, or to ensure public security and public order. An asylum applicant may also be apprehended if he/she: 1 2 crosses or tries to cross the border illegally (unless he/she has arrived directly from a territory where his life or freedom had been threatened by persecution or a risk of serious harm, has presented a credible explanation of the reasons for his/her illegal entry into the Republic of Poland, and has applied for asylum immediately after crossing the border); poses a threat to the safety, health or life of other foreigners or staff in an accommodation centre. Apprehension is a short-term detention which cannot last more than 48 hours. An apprehended person should be told his/her rights and given an apprehension document ( protokół zatrzymania ).! IMPORTANT! Foreigners are frequently apprehended when filing their second or subsequent asylum application. 2 Will I be placed in a Detention Centre for Foreigners (DCF) or in jail? Following apprehension, the Border Guard usually files a request to the court to place the apprehended foreigner in a detention centre for foreigners. The request should be filed not later than 48 hours after the apprehension and the apprehended person should be handed over and put at the disposal of the court before the 48

51 48-hour deadline. During the court hearing, an interpreter speaking a language known by the foreigner should be present in the court room. Courts usually rule that the foreigner should be detained in a detention centre for a period of 30 to 60 days. After the expiry of that period the BG usually files a request to the court to extend the period of detention in the DCF.! IMPORTANT! The total time spent in the DCF and in jail cannot be more than one year. You have the right to appeal against the ruling of District Court ( Sąd Rejonowy ) to the Regional Court ( Sąd Okręgowy ) (the court has the obligation to advise you about this possibility). The following persons cannot be placed in a DCF: unattended minors (such minors are placed in a special centre in Warsaw; however, one should remember that minors with families may be placed in a DCF), foreigners, whose mental and/or physical state suggests that they had been subjected to violence (this is to be determined in the course of an examination by a psychologist), foreigners who are disabled. 3 What is the difference between a DCF and jail? A DCF and a deportation jail are both places where your freedom is restricted, but in a DCF the detainees live in rooms and may move around the compound more freely. In a deportation jail detainees live in cells and cannot move freely around the compound.! NOTE! If you pose a threat to order and security, you will be placed in a deportation jail. 4 Am I allowed to contact my lawyer or non-governmental organizations while in a DCF/Jail? During your stay in a DCF you have the right to stay in contact (by mail, phone or in person) with organizations who deal with refugees, and with the representative of 49

52 the UN High Commissioner for Refugees. In some DCFs there are lawyers who will give you assistance. You may get assistance by phone, by mail or by fax. DCFs have the contact details of organizations which provide legal assistance to foreigners. In some DCFs, lawyers from such organizations visit detainees so you may be able to speak to them directly. However, you should remember that if you want a lawyer to help you, you must show him/her all the documents of your case and explain what kind of assistance you expect. p. 58 LIST OF NON-GOVERNMENTAL ORGANIZATIONS 5 Will I be released from the DCF/Jail if I submit an asylum application while staying there? You may file an asylum application while staying in a DCF. However, the fact that you have filed such an application does not mean that you will be set free. On the contrary, if you file an asylum application while in a DCF (or in a deportation jail) the court will extend the time of your detention in the DCF/deportation jail by 90 days, counting from the day on which you have filed your asylum application. 6 When will I be released from the DCF/Jail? You will be released from the DCF if: the reasons for which you had been put in the DCF have ceased (e.g. you have been granted refugee status, subsidiary protection or a tolerated stay permit), your stay in the DCF threatens your life or health (however, a normal illness, even a chronic disease, is not considered sufficient grounds for release), other circumstances arise which make it impossible to keep you in the DCF, the detention period prescribed by the court has expired and the Border Guard has not applied for an extension of your detention, you have spent one year in the DCF. You may also be released if you are disabled or there is suspicion that you have been subjected to violence. 50

53 You may apply for release from the DCF at any time, to the court with territorial jurisdiction over the DCF. If your asylum case is highly likely to end in you being granted refugee status or subsidiary protection, you may be released from the DCF by the Head of the OF, but only if you have been placed in the DCF because the authorities had determined that you had abused the asylum procedure. If the Head of the OF refuses to release you from the DCF, you may appeal against that decision to court. When releasing you from the DCF, the Head of the OF may order you to stay in a particular place or locality and oblige you to report regularly to an authority specified in the decision concerning your release. The Head of the OF may also implement such measures if the court refuses to put you in a detention centre. notes 51

54 1 Getting married in Poland 1 What documents do I need to get married in Poland? p Is it true that I cannot get married in the Republic of Poland if I do not have the documents necessary to get married? What are the proceedings in the Register Office? p. 53 p How long will I have to wait to get married? p Getting married What next? p Will my marriage affect my asylum proceedings? p

55 All persons staying in the Republic of Poland, including foreigners seeking asylum, have the right to get married. One may enter into marriage in any register office ( urząd stanu cywilnego in Polish). 1 What documents do I need to get married in Poland? Both spouses should present the following documents at the register office: document confirming identity (it may be a TZTC, but it must be valid on the day of the marriage), excerpt from birth certificate, document confirming that, according to the law of the foreigner s home country, the person has legal capacity to marry (in some situations foreigners only have documents that e.g. they are not married; however, this is not sufficient). Moreover, if one of the spouses was married earlier, he/she should also submit the following: excerpt from the previous spouse s death certificate; or excerpt from the marriage certificate with a note confirming that the marriage has been dissolved, or a legally binding court verdict dissolving the marriage. If the above documents are in a language other than Polish, they should be translated into Polish by a sworn translator and only then submitted to the register office. 2 Is it true that I cannot get married in the Republic of Poland if I do not have the documents necessary to get married? If you do not have one of the required documents, you may apply to the court to relieve you from the duty to submit that document for the purpose of entering into a marriage. The application should be filed with the court with territorial jurisdiction over the place of residence of the person who wants to marry. In the application, in addition to specifying the court, the applicant and the applicant s spouse-to-be, as a party in the proceedings, you should explain why it is impossible for you to obtain the document needed for the purpose of entering into a marriage (e.g. because as a person seeking refugee status you do not want to, or cannot, contact representatives of the state from which you want to be protected). 53

56 You should attach to the application copies of any documents you do have. The application should be submitted together with evidence that a court fee of PLN 100 has been paid (you may simply buy court fee stamps in the court and glue them to the application). In addition, if one of the spouses does not speak Polish, it is good to simultaneously submit an application for an interpreter/translator who knows a language spoken by that person. If you have no money to pay for the costs of the court proceedings (in most cases, in addition to the PLN 100 court fee, these costs will include the remuneration of the interpreter and the cost of translating the necessary documents) you may also file a request to relieve you from payment of these costs; the request should be accompanied by a filled-in form describing your family and financial situation. All of the above-mentioned documents should be submitted with a full set of copies. You may take the application to the court and submit it in the court office. When submitting the application it is good to have one more copy, so that the court office clerk can stamp and sign it. This stamped and signed copy will be evidence that you have submitted your application. You can also send the application by registered mail; in such an event, you should keep the registered mail receipt form ( potwierdzenie nadania in Polish). Once you submit your application the court will set the date of the session. The law does not specify when the session should take place, so it may be that you will have to wait for it even for a few months, depending on how much workload the court is burdened with. Before the session the court will summon both spouses in writing to appear before the court, specifying the date and time. The court will send the summons to the addresses given in the application, so if you addresses change, you should inform the court about it in writing. During the session, the court examines the circumstances described in the application and related to the feasibility of the marriage. In most cases, the court gives a verdict during the first session. Once the court gives the verdict you have to wait three weeks until the verdict becomes legally binding and then some more time until the court sends you the legally binding verdict by mail. However, you may reduce the waiting time if, during the session, you tell the court that you do not wish to have the verdict delivered by mail; if you do that, you will be able to collect the legally binding verdict personally from the court office once the three week period expires. You should then present the legally binding verdict of the court in the register office the verdict will replace the document(s) which are required to get married and which you do not possess. 54

57 3 What are the proceedings in the Register Office? Once all the documents are collected, and the head of the register office determines that they are sufficient for you to get married, you may submit them in the register office. When submitting the documents in the register office, both spouses should sign a declaration stating that they are not aware of any circumstances which preclude their marriage. During the visit at the register office the future spouses decide whether one of them will change their surname and adopt the name of the spouse or whether they will keep their surnames. They also decide what surname their children will have. If one or both future spouses do not speak Polish, they should be accompanied at the register office by a sworn interpreter; it is up to the future spouses to arrange such an interpreter. The interpreter should have with him/her a document certifying that he/she is listed as a sworn interpreter, and his/her identity card ( dowód osobisty in Polish).! Remember! Two adult witnesses and an interpreter must be present at the ceremony. 4 How long will I have to wait to get married? You should set the date of the marriage during your visit at the register office. As a rule, the future spouses may get married not sooner than one month after signing the declaration stating that they are not aware of any circumstance precluding their marriage. If you wish to reduce the waiting time, you should file a request to that effect with the head of the register office. The head of the register office may permit you to get married earlier if there are important grounds for such a decision (e.g. a serious illness of one of the spouses, advanced pregnancy of the future wife, the prospect of one of the spouses soon going abroad for a long time, etc.) 5 Getting married What next? Following the marriage ceremony, the head of the register office will prepare a marriage certificate which will be proof of you marriage. You will have to pay stamp duty in the amount of PLN 84 for the preparation of the marriage certificate (you may pay it at the cash desk of the municipal office). 55

58 6 Will my marriage affect my asylum proceedings? Getting married does affect the outcome of your asylum case. Once married, you may be granted a tolerated stay permit because of the fact that you have a family life in the Republic of Poland (i.e. you are married to a Polish citizen or a foreigner who resides legally in Poland). However, in some cases the authorities in charge of the asylum procedure question the authenticity of the marriage. Getting married to a person who is neither a Polish citizen nor has the right to reside in Poland (e.g. someone whose asylum case is still under way or who stays in Poland on the basis of a visa) is not considered sufficient grounds for granting a tolerated stay permit.! Remember that you should submit an excerpt of your marriage certificate to the Office for Foreigners or to the Council for Refugees before the end of your asylum procedure (the head of the register office should give you a few such excerpts). Other forms of family life considered sufficient as grounds for granting a tolerated stay permit include: having a child who is a Polish citizen or who has the right to reside in Poland permanently, and having a steady informal relationship with a Polish citizen (please note, however, that religious marriages are not considered such relationships). 56

59 notes 57

60 12 List of non-governmental organizations Biuro Rzecznika Praw Obywatelskich Aleja Solidarności Warszawa Tel: (0 22) Biuro Rzecznika Praw Dziecka ul. Śniadeckich Warszawa Tel: (0 22) IOM Międzynarodowa Organizacja do Spraw Migracji ul. Mariensztat 8, Warszawa Tel: (0 22) Helsińska Fundacja Praw Człowieka ul. Zgoda Warszawa Tel: (0 22) , (022) org.pl, Stowarzyszenie Interwencji Prawnej Aleja 3-go Maja 12 lok Warszawa Tel: (0 22) interwencjaprawna.pl 58

61 Stowarzyszenie Praw Człowieka im. Haliny Nieć ul. Sobieskiego 7/ Kraków Tel: (0 12) Fundacja Instytut na rzecz Państwa Prawa ul. F. Chopina 14/ Lublin Tel: (0 81) Ośrodek Migranta Fu Shenfu ul. Ostrobramska Warszawa Tel: (0 22) Polskie Forum Migracyjne ul. Orła Białego 44 a Izabelin Tel: (0) [email protected] Caritas ul. Skwer Kard. Stefana Wyszyńskiego Warszawa Tel: (0 22) [email protected] Uniwersytecka Poradnia Prawna Uniwersytetu Jagiellońskiego Sekcja Praw Człowieka Al. Zygmunta Krasińskiego Kraków Tel: (0 12) Fundacja Ocalenie ul. Ordynacka 9 / 21 (II piętro) Warszawa Tel: (0 22) [email protected] Polski Czerwony Krzyż ul. Mokotowska 14 Warszawa Tel: (0 22) Polska Akcja Humanitarna ul. Szpitalna 5 lok Warszawa Tel. (0 22) [email protected] 59

62 Bibliography 1. The Act of 13 June 2003 on granting protection to foreigners within the territory of the Polish 2. The Act of 14 June 1960 Code of Administrative Procedure 3. The Act of August on proceedings before administrative courts 4. The Act of 29 September 1986 Law on civil status 60

63 61

64 62