Office for Foreigners

The temporary restriction of the right to make an application for international protection was introduced by Regulation of the Council of Ministers of March 27, 2025, pursuant to Article 33a(5) of the Act of June 13, 2003, on granting protection to foreigners within the territory of the Republic of Poland (Journal of Laws of 2025, items 223 and 389).

The regulation introduces a temporary restriction of the right to make an application for international protection at the state border with the Republic of Belarus, which shall remain in force for 60 days.

The Act of February 21, 2025, amending the Act on granting protection to foreigners within the territory of the Republic of Poland, specified the cumulative conditions for the temporary restriction of the right to make an application for international protection:

1) instrumentalisation takes place (in the meaning adopted in Article 2 (6a) of the Act);

2) the actions taken as part of the instrumentalisation constitute a serious and real threat to the security of the state or society;

3) introduction of this restriction is necessary to eliminate the threat to security or society, and other measures are not sufficient to eliminate it.

The period for which a temporary limitation on the right to make an application for international protection may be introduced by way of a regulation of the Council of Ministers may not exceed 60 days. In the event that the reasons for introducing this restriction have not ceased to exist, its period of validity may be extended for a fixed period of time, not exceeding 60 days, after the Sejm has given its consent to such extension. The extension will also be effected by a regulation of the Council of Ministers.

In the event that the reasons for introducing of the temporary restriction of the right to make an application for international protection cease to exist before the expiry of the period for which the restriction was introduced, it may be lifted in whole or in part along the entire length of the border on which it is applied. The early lifting of the temporary restriction will also be effected by way of a regulation of the Council of Ministers.

The essence of the temporary limitation of the right to make an application for international protection is that, at the time and place of its application, the Border Guard authority will not accept an application for international protection. During this time and at this place, the provision of Article 28 of the Act on granting protection, concerning the declaration of the intention to make an application for international protection will also not be applied.

However, the temporary restriction of the right to make an application for international protection will not apply to all persons making such an application. The new regulations stipulate that, despite the application of the restriction in a given time and place an application for international protection will be accepted by the Border Guard authority from a foreigner who is:

1) an unaccompanied minor[i];

2) a pregnant woman;

3) a person who may require special treatment, in particular due to their age or state of health;

4) a person who, in the opinion of the Border Guard body, is clearly at risk of suffering serious harm in the country from which they have arrived directly on Polish territory;

5) a citizen of the country applying instrumentalisation, from whose territory the foreigners arrive in Poland.

If a foreigner who falls under at least one of the above exceptions were to engage in behaviour that would require the use of direct coercive measures against them, the use of weapons or other armaments immediately after he or she has crossed or attempted to cross the border by force and in collaboration with other persons, these exceptions shall not apply and the application for international protection shall not be accepted.