3 December 2015

The updated AIDA report on Poland details how the recast Reception Conditions and Asylum Procedures Directive were transposed into national law. The major change in this regard is constituted by the introduction of a State legal aid system. From January 2016, the Office for Foreigners will be in charge of providing legal information to asylum applicants in the first instance, whereas lawyers, legal counsellors and NGOs will be in charge of legal aid at second instance. 

Moreover, the new legislation provides a legal basis for detention of cases falling under the Dublin regulation, when there is a risk of the asylum seeker absconding. The concept of “safe country of origin” has been deleted from national legislation, while the suspensive effect of appeals against negative asylum decision – advocated for by the Helsinki Foundation for Human Rights and other NGOs – has not been included in the law.

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This article appeared in the ECRE Weekly Bulletin of 4 December 2015. You can subscribe to the Weekly Bulletin here.