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› MAIN PAGE › REFUGEE STATUS › SUBMISSION OF A REFUGEE STATUS APPLICATION › WHO MAY SUBMIT A REFUGEE STATUS APPLICATION?

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The information provided below will explain who may be granted international protection (refugee status or subsidiary protection) in the Republic of Poland.

International protection is granted based on the Act of 13 June 2003 on Granting Protection to Foreigners within the Territory of the Republic of Poland to persons who:

• meet the conditions to be granted refugee status
• do not meet the conditions to be granted refugee status but are eligible for subsidiary protection.

A foreigner may be granted refugee status, if, due to a justified fear that they might be persecuted in their country of origin on the grounds of their:

• race,
• religion,
• nationality,
• political convictions or
• their social background

they may not or do not wish to use their country's protection. Refugee status may also be granted to a minor child of a foreigner who was granted the status of a refugee in the Republic of Poland and was born in its territory.

A foreigner may be granted subsidiary protection if returning to their country of origin may put them in a serious risk of harm due to:

• a death penalty sentence or an execution to be carried out,
• torture, inhumane or degrading treatment or punishment,
• a serious and individualised life or health hazard as a result of common use of violence towards the civilians in a situation of an international or internal military conflict

- and due to this risk they may not or do not wish to return to their country of origin.

If the foreigner does not meet the criteria to be recognised as a refugee or the conditions to be granted subsidiary protection, they may in some cases be covered by national humanitarian protection in the form of a permit for tolerated stay.

Refugee status applications are in the first instance considered by the Head of the Office for Foreigners.