Background information

A temporary restriction on the right to apply for international protection was introduced by the Ordinance of the Council of Ministers of 27 March 2025 pursuant to Article 33a(5) of the Act of 13 June 2003 on granting protection to foreigners on the territory of the Republic of Poland (Journal of Laws of 2025, items 223 and 389). The Council of Ministers has adopted a regulation on the temporary restriction of the right to apply for international protection, submitted by the Minister of Internal Affairs and Administration.

The Regulation introduces a temporary restriction on the right to apply for international protection at the state border with the Republic of Belarus, which will be in force for 60 days.

Legal reference: The Act of February 21, 2025 on amending the Act on granting protection to foreigners on the territory of the Republic of Poland.

Content of measure

Groups not covered by the provisions of the Regulation on the temporary suspension of the right to asylum are

1) unaccompanied minors;

2) pregnant women;

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

1. a person in respect of whom there are circumstances which, in the opinion of the Border Guard authority, unequivocally prove that he or she is in real danger of suffering serious harm in the country from which he or she has entered the territory of Poland directly;

5) a citizen of an instrumentality state from whose territory the foreigner arrives in Poland.

Use of measure

So far, no data on use of measure has been available.

Target groups

Workers	Businesses	Citizens
Does not apply to workers	Does not apply to businesses	Does not apply to citizens

Actors and funding

Actors	Funding
National government Other social actors (e.g. NGOs)	National funds

Social partners

Social partners' role in designing the measure and form of involvement:

	Trade unions	Employers' organisations
Role	Unknown	Unknown
Form	Not applicable	Not applicable

Social partners' role in the implementation, monitoring and assessment phase:

• Unknown
• Main level of involvement: Unknown

Involvement

No information about social partners' involvement available.

Views and reactions

The Helsinki Foundation for Human Rights pointed out that the ordinance is an implementing act of an unconstitutional law. In addition, according to the organization, the ordinance is vague, unclear in content and non-exhaustive.

Sources

• 27 March 2025: Rozporządzenie w sprawie czasowego ograniczenia prawa do złożenia wniosku o udzielenie ochrony międzynarodowej (www.gov.pl)
• 27 March 2025: Ograniczenie prawa do złożenia wniosku o ochronę międzynarodową (www.gov.pl)
• 27 March 2025: Opinia HFPC o rozporządzeniu Rady Ministrów w sprawie ograniczenia prawa do ochrony międzynarodowej (hfhr.pl)