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Tuesday, January 25, 2022

Amendment to the Act on Foreigners. Deputy Commissioner for Human Rights Hanna Machińska comments

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Deputy Ombudsman, Hanna Machińska, said on TVN24 that the amendment to the act on foreigners, signed by the president, is “inconsistent with the constitution and international law.” She argued that “it significantly reduces, or actually reduces, the possibility of submitting an application for international protection”. In her opinion “this law should never be passed in such a form”.


President Andrzej Duda has signed amendment to the act, according to which a foreigner detained immediately after crossing the border illegally will have to leave the territory of the Republic of Poland by the decision of the commanding officer of the Border Guard post. The amendment also adds a premise for leaving the application for international protection without examination.

The Ombudsman, Marcin Wiącek, in a letter to the Senate, indicates that “the enactment of a provision that will allow an application for international protection to be left without examination, when such an application is submitted by a foreigner detained near the external border of the EU immediately after crossing it contrary to the provisions of the law, support in the EU directives binding for Poland “.

READ ALSO: Ombudsman on amendments to the act on foreigners: may violate the Geneva Convention

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Machińska: We are simply terrified of this situation

On Saturday, Wiącek’s deputy, doctor Hanna Machińska, spoke more about the provisions of this law on TVN24.

She stated that “this act is inconsistent with the constitution and international law, because it significantly limits, or actually reduces, the possibility of submitting an application for international protection”. – Moreover, there is no appeal procedure, it is a contradiction to all standards – she assessed.

She pointed out that many international organizations, including the OSCE, “pointed to a very serious violation of the provisions of the Geneva Convention, the European Union Convention, and the Charter of Fundamental Rights.”

– We are simply terrified of this situation, because it will make the situation of people who break through the Polish border in dramatic moments worse and worse – she said. She added that “humanitarian considerations are unfortunately being put aside.”

According to the deputy of the Commissioner for Human Rights, the new regulations “this is not border protection, these are such provisions of the law which show that ‘we absolutely do not agree, for any reason, with the admission of migrants”.

– This law should never be passed in such a form, which is why it is very frightening to us – said Machińska.

Usnarz Gorny August 19, 2021. Group of over thirty refugees from Afghanistan detained in a makeshift camp on the border Attila Husejnow / Forum

Main photo source: Attila Husejnow / Forum

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