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Aliens Act of the Republic of Poland (1997, as amended 2001) (English)

POLISH ALIENS LAW

of the day of 25 June 1997

 

 

(Uniform document remaining in conformity with the Act of the day of 11 April 2001 on amendment of the Aliens Act and Amendment of Some Acts)

Ordinary font – text of the Aliens Act of 25 June 1997Font in bold – text of the Act of 11 April 2001 on amendment of Aliens Act and Amendment of Some Acts

 

Chapter 1

General Provisions

Article 1

1. The Act shall lay down the principles and conditions governing the entry into, transit trough, residence on, and departure from the territory of the Republic of Poland as they apply to aliens as well as the jurisdiction of agencies in these matters.

2. With regard to the matters covered with the regulations of the Act which are regulated with the international agreements binding the Republic of Poland, the provisions of those agreements shall apply.

3. With exception of Art. 5, sec. 1and 96, this Act shall not apply to the heads and members of personnel of diplomatic missions and heads of consular offices and members of consular personnel of foreign states or to other persons treated equally under applicable laws, treaties or generally recognised international practices, on condition of reciprocity and subject to the requirement of holding appropriate documents by such persons.

 

 

Article 2

 

Any person who does not have the Polish citizenship shall be regarded an alien.

 

Article 3

 

An alien who is a citizen of two or more states shall be treated as a citizen of the statethe travel documentof which constituted the basis of entry into the Republic of Poland.

 

 

Article 4

Wherever there is reference in this Act to:

1) travel document - this shall mean the document recognised by the competent agency of the Republic of Poland, authorising its holder to cross the border, which has been issued to an alien by an agency of a foreign state, a Polish agency or an international organisation or an entity authorised by an agency of a foreign state or a foreign state authority,

2) visa - this shall mean permission issued to an alien by a Polish agency or an agency whose competence in that matter stems out from provisions of relevant agreements binding upon the Republic of Poland, authorising such alien to enter, transit, sojourn in, and depart from the Republic of Poland, for the period, purpose and on conditions specified in that permission,

2a) international airport transit zone - this shall mean the area of an international airport situated in the territory of the Republic of Poland, ranging from the board of the aircraft to the border checkpoint that covers the airport apron and the airport terminals,

 

3) deleted

4) residence card - this shall mean a document issued by a Polish agency to an alien who has been given a residence permit for specified period or a permit to settle in the territory of the Republic of Poland,

4a) continuous sojourn - this shall mean residence of an alien in the territory of the Republic of Poland within the validity period of visas or residence permit for specified period, however that residence may be interrupted for the period which does not exceeds 2 months as in a calendar year, with exception of performance of occupational obligations or work on the basis of a contract executed with an employer who is seated in the territory of the Republic of Poland,

5) Polish travel document for an alien - this shall mean a travel document which entitles to repeated crossing of the state border, issued by a competent agency of the Republic of Poland,

6) temporary Polish travel document for an alien - this shall mean a travel document which entitles to a single crossing of the state border issued by the competent agency of the Republic of Poland,

7) Geneva Convention - this shall mean the Convention concerning the refugee status, drawn up in Geneva on 28 July 1951. (Journal of Laws of 1991, No. 119, item 515 and 516),

8) New York Protocol - this shall mean the Protocol concerning the refugee status, drawn up in New York on the day of 31 January 1967. (Journal of Laws of 1991, No. 119, item 517 and 518),

9) country of origin - this shall mean the state an alien is the citizen of, and if the citizenship of an alien cannot be established or if an alien does not possess citizenship of any state,the state in which he/she resides permanently;

10) safe country of origin - this shall mean such country of an alien’s origin which, in terms of its system of law and its application, and in terms of the political relations prevalent there, is not the scene of persecutions for reasons of race, religion, nationality, membership in a particular social group or political opinion and where non-governmental and international organisations are allowed to carry on activity for the benefit of observance of human rights;

11) safe third country - this shall mean the state which, while not being a country of origin, has ratified and applies the Geneva Convention and the New York Protocol, and in particular this shall mean a state in which:

 

a) there is no threat to life or freedom of aliens applying for the refugee status, pursuant to Art. 33 of the Geneva Convention;

b) aliens are guaranteed access to the proceedings connected with granting refugee status;

 

c) an alien applying for granting the refugee status enjoys protection against deportation, pursuant to the regulations of the Geneva Convention,

d) in which an alien who applies for granting the refugee status is not at risk of tortures or inhumane or degrading treatment.

12) border - this shall mean the state border of the Republic of Poland as interpreted by the Act on the Protection of the State Border dated 12 October 1990. (Journal of Laws No. 78, Item 461 and of 1997, No. 6, Item 31 and No. 43, Item 271).

 

Chapter 2

Crossing the Border

 

 

Article 5

1. An alien may cross the state border or sojourn in the territory of the Republic of Poland if he/she holds a valid travel document and a visa, unless this Act provides for otherwise.

2. Aliens being citizens of certain states may cross the border only after paying a fee related to the entry into the territory of the Republic of Poland if it is necessary for the purpose of maintaining reciprocity in relations with those states.

 

Article 6

1. An alien entering the territory of the Republic of Poland shall be obliged to possess and present at the request of the competent agency the means necessary to cover the costs of his/her entry into, transit through, sojourn on, and departure from the territory of the Republic of Poland and permission to enter another state or to return to his/her country of origin, if such permission is required.

2. Possession of the means referred to in sec. 1 may be confirmed by presentation of:

1) Polish currency or foreign legal tenders which may be legally exchanged in the Republic of Poland,

2) documents which allow to acquire legal tenders,

3) the invitation referred to in Art. 15,

4) a document certifying that accommodation and boarding has been reserved and paid for in the Republic of Poland.

 

3. Possession of the means necessary to depart may also be certified through presentation of a ticket authorising to travel to the country of origin or another country, or through the fact of possessing a vehicle.

 

 

Article 7

1. deleted

2. With reservation of para. 2a, a visa may entitle to a single, double or multiple entry into the territory of the Republic of Poland.

2a. A visa may entitle exclusively to entry into, sojourn on and departure from the transit zone of an international airport.

3. deleted.

4. The visa shall specify:

1) the period of its validity, not exceeding 5 years, during which the first entry into the territory of the Republic of Poland and the last departure therefrom should occur,

2) the period of sojourn in the territory of the Republic of Poland during the visa validity,

3) the purpose of entry and sojourn.

5. The visa may also contain other information, including, in particular:

1) indication of the place where the state border should be crossed,

2) indication of the number of children and other persons accompanying the alien to whom visa has been issued, who have been recorded in the travel document of that alien.

 

 

Article 8

1. deleted

2. A visa shall be issued for the period of residence not exceeding three months.

3. During the period specified in sec. 2, the alien who fulfils the conditions set forth in Art. 6 sec. 1 may apply for the issuance of subsequent visas. However the aggregate length of his/her sojourn in the territory of the Republic of Poland permitted under those visas may not exceed six months within a twelve-month period counting from the date of the first entry.

3a. If a visa has been issued for multiple number of years, a 3-month period of residence specified in sec. 2 shall refer to each year of the visa validity period.

4. An alien sojourning in the territory of the Republic of Poland on the basis of an international agreement providing for partial or full abolition of visa requirement or on the basis of unilateral abolition of visa requirement pursuant to the regulations referred to in Art. 98, sec. 2 may apply for issuing visas, however the aggregate length of his/her sojourn in the territory of the Republic of Poland on the basis of those agreements and visas may not exceed six months within a twelve-month period counting from the date of the first entry.

 

5. The visa for transit of an alien through the territory of the Republic of Poland shall be issued for the period which does not exceed 5 days, and the visa referred to in Art. 7, sec. 2a for the period not exceeding 2 days.

 

 

Article 9

If an alien's entry and residence in the territory of the Republic of Poland is for the purpose of taking up employment or any other gainful work, a visa may be issued to that alien who will present an employment permit or a permit to perform other gainful work in the territory of the Republic of Poland or an employer's written declaration confirming intention to employ an alien or to entrust him/her with other gainful work if employment permit or a permit to perform other gainful work is not required.

2. If an alien's entry and sojourn in the territory of the Republic of Poland is for the purpose of his/her transit through that territory, the visa may be issued to the alien who holds the right to enter the country of destination or a country adjacent to the territory of the Republic of Poland.

 

Article 10

1. Visa shall be placed in the travel document whose period of validity exceeds by at least three months the date at which an alien must depart from the Republic of Poland as required by the visa.

2. If the travel document does not fulfil the condition referred to in sec. 1, visa shall be denied.

 

Article 10a

1. An alien of Polish origin may be issued the visa for repatriation.

An alien who received residence permit for specified period as being the member of closest family of a repatriate shall be issued the resettlement visa

.

The regulations of Art. 7 to 10 shall not apply with respect to issuance of visas referred to in sec. 1 and 2.

4. The visas referred to in sec. 1 and 2 shall be issued for the validity period of 12 months. Within that period an alien shall enter the territory of the Republic of Poland.

The visa referred to in sec. 1 and 2 shall entitle to single entry into the territory of the Republic of Poland.The means referred to in Art. 6, sec. 1 shall not been required from the person crossing the border on the basis of the visas referred to in Art. 6, sec. 1.

7 Principles and procedure of issuing the visa for repatriation are defined by the Act on Repatriation of the day of 9 November 2000 (Journal of Laws No. 106, item 1118 and of 2001, No. ......., item. .........), with reservation of Art. 79, sec. 3 and 5..

 

Article 11 - deleted

 

Article 12

An alien shall be obliged to leave the territory of the Republic of Poland before the time limits referred to in Art. 8 expire, and before expiry of validity of the visa unless he/she has obtained a residence permit for specified period or permit to settle in the territory of the Republic of Poland.

 

Article 13

1. An alien shall be denied the issuance of a visa, or he/she shall be denied entry into the territory of the Republic of Poland if:

a final deportation decision has been rendered,

1a) a final decision obliging to leave the territory of the Republic of Poland has been rendered,

2) he/she has been convicted pursuant to a legally valid sentence:

a) in the Republic of Poland, to at least 3 years of imprisonment for an intentional crime.

b) abroad, for a crime which is interpreted as a common crime also in the Polish Law,

 

3) there is a well-founded reason to suspect that he/she is conducting activities aimed at depriving the Republic of Poland of independence, detaching part of the territory, deposing the political regime by force, or weakening the defensive power of the Republic of Poland, or is taking part in such an activity or is organising it or is a member of an organisation conducting such activity,

4) there is a well-founded reason to suspect that he/she is conducting terrorist activity or is taking part in such an activity or is a member of an organisation conducting such an activity,

5) there is a well-founded reason to suspect that he/she is transporting or carrying over the border, without the necessary permission, weapons, ammunition, explosives, radioactive materials or intoxicants or psychotropic agents, or is taking part in such an activity or is organising it or is a member of an organisation conducting such an activity,

6) there is a well-founded reason to suspect that he/she is conducting an activity which enables other persons to cross the border in defiance of regulations, or is participating in or organising such an activity or is a member of an organisation conducting such an activity,or crossed the border in defiance of the regulations,

7) there is a well-founded reason to suspect that the purpose of his/her entry into the territory of the Republic of Poland is other than the one declared,

8) his/her residence would constitute a threat to public health,

8a) he/she does not perform fiscal obligations to the State Treasury,

 

8b) his/her entry and residence are undesirable for reasons of commitments stemming out from international treaties and agreements binding the Republic of Poland.

9) his/her entry and residence are undesirable for reasons of other threats to the state security and defence, or on account of necessity to protect the public order;

 

la. The issuance of a visa shall be denied, or the entry into the territory of the Republic of Poland shall be denied before expiry of:

1 year from the date of voluntary departure from the territory of the Republic of Poland resulting from rendering the decision obliging to leave the territory of the Republic of Poland,

2) 3 years from the date of enforcing the final deportation decision,

3) 5 years from the date of enforcing the final deportation decision in the event of covering the costs of such deportation by the State Treasury,

4) 5 years from the date at which serving the imprisonment sentence referred to in sec. 1, para. 2 was completed,

1 year from the date of regulating fiscal liabilities to State Treasury or from the date on which such liabilities were barred by the statute of limitationsthe time limit stemming out from international treaties and agreements binding the Republic of Poland, referred to in sec. 1, para. 8b,3 years from the date of establishing any of the circumstances referred to in sec. 1, para. 3 to 8 and 9 with the possibility of extension by subsequent periods if such circumstances continue to prevail.

2. Issuance of a visa or entry into the territory of the Republic of Poland shall be denied if the time limit of 12 months has not expired since the date of previous denial and an alien has not presented any new circumstances that may influence such decision.

3. An alien may be denied entry into the territory of the Republic of Poland if he/she does not fulfilthe conditions specified in Art. 6, sec. 1.

3a A minor alien who is not accompanied with a legal guardian may be denied entry into the territory of the Republic of Poland despite the fact he/she holds a valid travel document, means needed for the entry and residence and a visa or he/she is entitled to enter based on a treaty or agreement binding the Republic of Poland.

4 The period of residence of an alien in the territory of the Republic of Poland may be limited in proportion to the amount of means, referred to in Art. 6, sec. 1, possessed by him/her.

5. Decision rendered in matters referred to in sec. 1 to 4 shall be recorded in thetravel documentof an alien.

 

5a. The decision denying visa rendered in the territory of the Republic of Poland shall specify the time limit of the alien’s departure from the territory of the Republic of Poland.

6. The decisions denying entry in the territory of the Republic of Poland shall be immediately enforceable and shall invalidate the visa by virtue of the law.

 

 

Article 14

1. An alien who has been affected by the circumstances specified in Art. 13, sec. 1 may be granted a visa if:

1) provisions of the Polish law require that he/she should appear in person before an agency of the Polish public authority,

2) he/she already sojourns in the territory of the Republic of Poland and may not leave that territory due to the necessity to undergo medical treatment to rescue his/her life,

3) he/she applies for entry into the territory of the Republic of Poland in connection with the necessity to undergo medical treatment to rescue his/her life, which he/she cannot be offered in any other country,

4) an exceptional personal situation has occurred requiring the presence of an alien in the territory of the Republic of Poland.

5) the interests of the Republic of Poland such requires.

2. In the event referred to in sec. 1, para. 5 the aggregate length of period of sojourn of an alien in the territory of the Republic of Poland on the basis of visa may not exceed 6 months.

 

 

Article 15

1. The invitation may be issued by:

1) a Polish citizen residing in the territory of the Republic of Poland,

2) an alien legally sojourning in the territory of the Republic of Poland, immediately before the invitation was issued, for a period of at least five years,

3) a legal person or organisational unit having no legal status with the seat in the territory of the Republic of Poland,

hereinafter referred to as "the host".

2. The invitation should specify the data of the host, the person invited, the period of residence of that person in the Republic of Poland, and an obligation on the part of the host to cover all costs connected with the residence and departure of the person invited, including the costs of possible medical treatment or deportation from the Republic of Poland.

The invitation shall become effective upon being entered in the register of invitations and shall be valid for a period of 12 months.

4. Recording in the register of invitations shall be denied if:

1) the person invited is an alien in relation to whom any of the circumstances specified in Article13, sec. 1 apply,

2) material status and living conditions of the host indicate that he/she will not be in a position to fulfil the obligations assumed under the invitation,

3) in the past, the hostdid not fulfil the obligation stemming out from the invitation issued beforehand.

Denial of entry in the register of invitations or confirmation of its invalidity shall be effected by means of a decision.

5a. Entry into the register of invitations shall be invalidated if after it was made the circumstances referred to in sec. 4 will be disclosed. The invalidation of entry shall be effected by means of decision.

6. In the event the host is not able to fulfil the obligation referred to in section 2, the agency which made the entry in the register of invitations shall enforce the costs, to be refunded by that person, incurred by the State Treasury and related to the residence of the alien and his/her departure from the territory of the Republic of Poland, according to the procedure set forth in the regulations on the administrative enforcement of dues. The person obliged shall not be handed the admonition provided for in these regulations.

 

 

Chapter 3

Residence Permit for Specified Period or the Permit to Settle

 

 

Article 16

 

An alien may be granted:

1) residence permit for a specified period;

2) permit to settle.

 

Article 17

1. The permits referred to in Article 16, sec. 1 may be granted, with reservation of sec. 4 and Art. 24a to 24d, at request of an alien if an alien demonstrates that circumstances have arisen to justify his/her residence in the territory of the Republic of Poland for a period exceeding 6 months.

2. The circumstances referred to in section 1 may, in particular, include:

1) obtaining an employment permit or a permit for undertaking other gainful work or a written declaration of an employer on the intention to employ an alien or entrust to him/her other gainful work if employment permit or permit for undertaking other gainful work is not required,

2) carrying an economic activity in conformity with the regulations of the law in force in the Republic of Poland which is beneficial to the national economy and in particular, contributes to the development of investments, transfer of technologies, introduction of favourable innovations or creation of new jobs,

 

3) continuing a creative activity in the territory of the Republic of Poland by an alien whose achievements in the field of arts have been recognised,

 

4) taking up studies by an alien who has sufficient resources to cover the costs of the studies and maintenance during the period of studies without the need to use social assistance benefits, confirmed with a certificate issued by a public or non-public higher education school confirming admission of the alien to studies,

5) participating in training and occupational internships effected under programs of the European Union

6) contracting marriage with a Polish citizen or an alien who has been granted permit to settle, provided that such marriage has not been contracted exclusively for the purpose of obtaining the permit referred to in Art. 16 sec. 1,

7) the necessity to reside in the territory of the Republic of Poland in connection with the circumstance referred to in Art. 53 or inability to enforce deportation decision for reasons beyond control of the agency or an alien,

decision of a court on impermissibility of extradition or decision of the Minister of Justice denying his/her extradition,intention of his/her family members to accompany a migrating worker referred to in the European Social Chart prepared in Turin on 18 October 1961 (Journal of Laws of 1999, No. 8, item 67).

3 Residence permission for specified period may be granted at request of a Polish citizen to his/her minor child if the applicant exercises parental authority over it.

4. Residence permission for specified period for members of the closest family of a repatriate shall be granted pursuant to and according to principles specified in the Act on Repatriation of the day of 9 November 2000 (Journal of Laws, No. 106, item 1118).

Article 17a

1. The following may constitute the basis to conclude that the marriage was contracted exclusively for the purpose of obtaining the permit referred to in Art. 16, para. 1:

1) one of the spouses accepted financial profit for consenting to marriage,

2) the spouses have not performed legal obligation arising from contracting marriage,

3) the spouses do not share one dwelling unit,

4) the fact that the spouses have never met before the marriage,

5) the fact that spouses speak a languages which is not mutually comprehensible,

7) the fact that the statements made by spouses with respect to the personal data of the other spouse (surname, address, nationality, occupation) as well as other relevant information concerning them differ from each other.

 

 

Article 18

The permit referred to in Art. 16, para. 1 may be granted for a period of up to two years and it may be extended each time for subsequent periods not exceeding two years.

2. The extension of the permit referred to in Art. 16, para 1 may be granted after the circumstances justifying further stay of the alien in the territory of the Republic of Poland have been confirmed, and in particular the circumstances referred to in Art. 17 sec. 2.

 

 

 

Article 18a

The alien shall be obliged to leave the territory of the Republic of Poland before expiry of the period the permit has been granted for, referred to in Art. 16, para. 1 or the period for which the permit was extended unless he/she has been granted visa or permit to settle.

 

Article 19

1. The permit to settle may be granted to an alien,at his/her request, if he/she fulfils jointly the following conditions:

1) he/she will demonstrate the existence of permanent family or economic ties binding him/her to the Republic of Poland,

2) he/she has secured accommodation and maintenance in the Republic of Poland,

3) directly before lodging an application he/she has stayed in the Republic of Poland continuously for at least 5 years on the basis of visas or residence permit for specified period, or in the event of residence permit for specified period to unite with the family for the period of 3 years.

la. The period referred to in section 1, para. 3 shall not include the period of sojourn of an alien in the territory of the Republic of Poland arising from the residence permit for specified period granted to him/her exclusively in connection with the circumstance referred to in Art. 17 sec. 2, para. 4.

2. An alien may be denied the permit to settle despite the fact he/she fulfils conditions specified in section 1 if it has been proved that he/she has obligations towards the country of origin or to persons residing there.

The conditions referred to in section 1, para. 2 shall be deemed fulfilled if an alien has an income or property sufficient to cover the costs of his/her maintenance and medical treatment as well as maintenance and medical treatment of his/her family supported by him/her, with no need to use material support from social assistance resources or has a member or members of family in the Republic of Poland who are obliged to maintain him/her and are in a position to fulfil this obligation, and also indicates the place of accommodation in which he/she intends to stay and presents a legal title authorising him/her to occupy such place.

4. Permit to settle shall be granted for an indefinite period.

 

Article 19a

Permit to settle shall be granted to a minor alien born in the territory of the Republic of Poland after his/her legal representatives has presented a written consent if at least one of them has been granted permit to settle.

 

Article 19b

Permit to settle shall be granted, with reservation of Art. 23, sec. 2 and 3, to an alien at his/her request if he/she has resided continuously in the territory of the Republic of Poland for a period not shorter than 10 years based on visas or residence permits for specified period.

 

Article 20

The residence card shall be issued to an alien who has obtained residence permit for a specified period or the permit to settle.

 

2. An alien who has been granted the residence permit for a specified period as being a member of the closest family of a repatriate or in order to unite with the family shall be issued the residence card after entry into the territory of the Republic of Poland.

 

Article 21

1. The residence card shall specify the type of the permit issued, time limit of its validity and shall confirm the identity of the alien during the period of his/her residence in the territory of the Republic of Poland.

2. The residence card within the time of its validity and accompanied by the travel document shall authorise its holder to cross the state border repeatedly without the need to obtain a visa.

3. The residence card shall be issued for the validity time of the residence permit for a specified period. The residence card issued in connection with granting the permit to settle shall be replaced after the expiry of 10 years from the date of its issuance.

4. An alien shall be obliged to return the residence card he/she holds to the agency which has issued it, in the event of acquiring the Polish citizenship, the cancellation of the residence permit for a specified period, the cancellation of the permit to settle or leaving abroad finally and permanently.

5. In the event of the death of an alien, the persons obliged to notify of the death pursuant to the regulations concerning personal status documents shall be responsible for returning the residence card.

 

 

Article 22

1. An alien shall be denied the residence permit for specified period if:

1) he/she does not fulfil theconditionsspecified in Art.17,

2) one of the circumstances referred to in Art. 13, sec. 1 has arisenunless it regards the permit referred to in Art. 17 sec. 2 para. 7.

2. Residence permit for specified period granted to an alien shall be withdrawn or its extension shall be denied if:

1) the reason for which such permit has been issued ceased to exist,

2) one of the circumstances mentioned in Art. 13, sec. 1 has arisen.

3. Decisions issued with respect to matters referred to in section 1 or 2 should specify the date of departure from the territory of the Republic of Poland.

 

 

Article 23

1 An alien shall be denied issuance of the permit to settle if:

1) he/she does not fulfil the requirements specified in Art. 19,

2) one of the circumstances referred to in Art. 13, sec. 1 has arisen.

2. The alien referred to in Art. 19b shall be denied permit to settle if this is required for reasons of national defence or national security or protection of public order.

3. The alien referred to in Art. 19b may be denied permit to settle if he/she does not have his/her own means of maintenance, the medical insurance to cover the costs of medical treatment or does not have the possibility to undertake a job.

 

Article 24

1. Permit to settle may be withdrawn and an alien may be ordered to leave the territory of the Republic of Poland within a specified time limit if:

1) he/she has been convicted by a valid sentence in the Republic of Poland for an intentional crime to at least three years imprisonment,

2) considerations of defence or security of the state or protection of public order so require.

2. Permit to settle may be revoked if an alien left the territory of the Republic of Poland finally and permanently.

 

Chapter 3a

Reunification of Families

 

Article 24a

1. At the request of an alien staying within the territory of the Republic of Poland on the basis of the permit to settle or the residence permit for a specified period of time issued in connection with granting a refugee status or at the request of an alien who has been staying in the territory of the Republic of Poland for at least three years on the basis of the residence permit for a specified period hereinafter referred to as the "applicant", an alien staying outside the territory of the Polish Republic:

1) married to an alien residing in the territory of the Republic of Poland; such marriage being recognised under the Polish law in force;

2) a minor who is single in terms of marital status, and who:

a) is the child of an alien if the alien exercises actual parental control or care over the child;

b) is the child adopted by an alien during the period preceding the entry of the alien into the Republic of Poland based on the decision of a competent agency, and enjoys the same rights and duties as the natural child,

C) is the child of the spouse residing outside the border of the Republic of Poland and not the child of the applicant if one of the spouses or both spouses exercise parental control and care over the child,

shall be granted the residence permit for a specified period in order to reside together with the spouse or the parent with the restriction of sec. 2.

2. The residence permit for a specified period of time in order to reunite with the family shall be granted if:

1) the residence of the spouse or a minor child of the applicant in the territory of the Republic of Poland does not constitute a risk for the public health,

2) the material or housing conditions of the applicant indicate that the residence of his/her family in the territory of the Republic of Poland shall not burden the welfare system.

3) The regulations of sec.2 para. 2 and 3 do not apply if the applicant resides in the territory of the Republic of Poland on the basis of the residence permit for a specified period issued in connection with granting the refugee status.

Article 24b

1. The residence permit for a specified period of time for the purpose of family reunification shall be issued for 12 months.

2. If the spouse or a minor child single in the terms of the marital satus of the applicant who has resided in the territoy of the Republic of Poland for at least 3 years on the basis of the residence permit for a specified period issued in connection with granting the refugee status entered the territory of the Republic of Poland within the validity time of the permit referred to in sec. 1, the permit shall be prolonged for the validity period of the residence permit for a specified period issued to the applicant.

3. If a spouse or a minor child, single in terms of marital status, of the applicant residing in the territory of Poland on the basis of the permit to settle entered the territory of the Republic of Poland within the validity time of the permit referred to in sec. 1, the permit shall be extended for 2 years.

4. In proceedings for granting the residence permit for a specified period to reunite with the family, the regulations of Art. 17 shall not apply.

 

Article 24c

 

1. An alien who obtained a residence permit for a specified time in order to reunite with the family shall be issued a visa for the purpose of family reunification.

2. The provisions of Art. 7 – 10 do not apply to the issuance of the visa referred to in sec. 1.

3. The visa referred to in sec. 1 shall be issued for the period of 12 months. The alien shall enter the territory of the Republic of Poland within that time.

4. The spouse or the applicant’s minor child with regard to the marital status entering the territory of the Republic of Poland on the basis of the visa referred to in sec. 1 are not required to possess means referred to in Art. 6 sec 1.

 

Art. 24d

 

1. An alien shall be denied the residence permit for a specified period for the purpose of family reunification or the permit issued shall be withdrawn if:

1) the alien's application for the residence permit contained spurious personal data or false information,

2) the marriage was contracted exclusively for the purpose of allowing a spouse to enter into and reside in the territory of the Republic of Poland,

3) residence of the spouse or the applicant’s minor child in the territory of the Republic of Poland constitutes threat to the national security or public order.

 

Chapter 4

Rights and Obligations of Aliens

Article 25

An alien residing in the territory of the Republic of Poland shall enjoy the same rights as the Polish citizen unless the provisions of the present Act or other acts provide for differently.

 

Article 25a

An alien who applies for a visa, the granting or prolonging of the residence permit for a specified period or a permit to settle shall be informed of the procedure and principles and mode of proceedings and of the rights and obligations vested in him/he in writing in the language comprehensible to him/her.

 

Article 25b

 

1. An alien is obliged to submit an application for:

1) the issue of the next visa – at least 14 days prior to the expiry of the residence time following from the previous visa,

2) the issue or prolongation of the residence permit for a specified period – at least 45 days prior to the expiry of the visa validity time or the period for which the residence permit was issued,

3) the permit to settle – at least 60 days to the expiry of the period for which the previous permit to settle was issued.

2. The first instance agency is obliged to make the decision in cases referred to in sec. 1 if the application has been submitted within time limits specified in sec. 1, before the lapse of the residence period following from the visa or the residence permit for a specified period. If the proceedings cannot be completed within the time limits referred to in sec. 1, the first instance agency shall issue to an alien a visa for the period of the proceedings’ settlement.

3. If the application has been submitted with the violation of time limits referred to in sec. 1, and the proceedings have not been completed before the expiry of the residence time following from the visa or the residence permit for a specified period, the alien is obliged to leave the territory of the Republic of Poland.

 

Article 26

1. An alien residing in the territory of the Republic of Poland shall be subject to review concerning the compliance of his/her residence with the applicable regulations.

2. An alien who does not have a valid visa or a residence permit for a specified period or a permit to settle should leave the territory of the Republic of Poland without delay.

 

 

Article 27

1. At the request of competent agencies, an alien residing in the territory of the Republic of Poland should present documents and permits authorising him/her to reside in that territory.

2. An alien residing in the territory of the Republic of Poland on the basis of a residence permit for a specified period, a visa or an international agreement anticipating a partial or complete cancellation of the visa requirement or on the basis of a unilateral cancellation of the visa requirement pursuant to the regulations referred to in Art. 98 sec. 2 may be requested by competent agencies to prove that he/she possesses the means necessary to pay for the sojourn in the Republic of Poland.

3. An alien who lost the travel document is obliged to report this fact, without delay, to the Police.

 

Article 28

1. An alien possessing the permit to settle in the territory of the Republic of Poland who has lost his/her travel document or whose travel document was destroyed or its validity time expired shall, upon his/her request, be issued a Polish travel document for an alien if obtaining a different travel document by that alien is not possible.

2. The Polish travel document for an alien shall be issued for the period of up to two years, not exceeding, however, the period for which the residence card was issued.

3. The issuance of the Polish travel document shall not exempt the alien from the obligation to undertake appropriate steps to obtain a different travel document.

4. An alien shall be obliged to return the Polish travel document for an alien immediately after having obtained a different travel document or when his/her permit to settle has been withdrawn.

5. In the event of the death of an alien, the regulations of Art. 21, sec. 5 shall apply mutatis mutandis.

 

Article 29

An alien possessing the permit to settle in the territory of the Republic of Poland who has lost his/her travel document while staying abroad or whose document has been destroyed or its validity time has expired shall, upon his/her request, be issued a temporary Polish travel document for an alien authorising him/her to enter the territory of the Republic of Poland if it is not possible for him/her to obtain a different travel document.

 

Article 30

An alien residing in the territory of the Republic of Poland who is not in possession of the travel document issued by his/her country of origin or whose travel document has been destroyed or has lost its validity may, at his/her request or ex officio, be issued a temporary Polish travel document for an alien authorising him/her to departure from the territory of the Republic of Poland or another document the issuance of which follows from the provisions of international treaties and agreements binding for the Republic Poland if it is not possible for him/her to obtain a different travel document.

 

Article 31

The temporary Polish travel document for an alien shall be issued for the specified period not longer, though, than seven days.

 

Chapter 4a

Residence of an alien who has been detained, placed in a guarded centre or arrest for the purpose of deportation or deprived of freedom in the execution of orders given pursuant to the laws

 

Article 3la

The residence of an alien who has been detained, placed in a guarded centre or arrest for the purpose of deportation or deprived of freedom for the purpose of the execution of orders given pursuant to the laws shall be considered legal during the validity period of the appropriate decisions or orders.

 

Article 31b

The period of residence of an alien referred to in Art. 31b in the territory of the Republic of Poland shall not be included into periods of residence referred to in Art. 17 sec. 1 and Art. 19b.

 

Chapter 5

The Refugee Status

 

 

Article 32

 

The alien may be granted the refugee status in the Republic of Poland as interpreted by the Geneva Conventionand the New York Protocol.

 

 

Article 33

An alien who applies for the refugee status shall be informed in a language he/she understands about the procedure and principles of proceedings and about the rights and obligations vested in him/her.

 

Article 34

1. The procedure for granting the refugee status shall be initiated upon application lodged personally by an alien. Application may not be lodged by a plenipotentiary.

2. Application for granting the refugee status shall contain personal data, including age of the applicant and minor children accompanying him/her, as well as information about the country of origin of the applicant, and it shall indicate principal circumstances justifying the act of lodging application for granting the refugee status.

3. If the application does not meet requirements specified in sec. 2 and there are no possibilities to complete it, it shall be left unacknowledged.

4. The application shall be left unacknowledged by means of decision.

5. An alien shall be notified of the effects, referred to in sec. 3, of improper completion of the application

 

Article 34a

1. An application for the refugee status shall apply also to minor children accompanying the applicant.

2. The application may concern a spouse of an alien who applies for the refugee status if an alien requests this in his/her application and his/her spouse agrees to that in writing. In such case, the application shall include personal data of the spouse.

3. If the declared age of an alien claiming to be a minor rises serious doubts, a medical examination may be carried out upon the consent of the alien or the legal guardian appointed to represent that alien for the purpose of establishing the actual age of the alien. The results of the medical examination in addition to specifying the age of the alien shall also specify the acceptable limits for an error.

4. The alien referred to in sec. 3 shall be treated as a person of full legal age if he/she or the alien’s legal representative denied the permission for the alien to undergo medical examinations aimed at establishing his/her age.

 

Article 35

1. The proceedings for granting the refugee status shall be initiated by means of a ruling.

2. The initiation of the proceedings shall be denied If the application has been submitted by an alien who:

1) arrived in the territory of Republic of Poland from a safe third country to which he/she has the right to return to,

 

2) applies again for the refugee status in the territory of the Republic of Poland without presenting any new material circumstances relating to that matter.

3. Denial of the initiation of proceedings shall be effected by means of a decision.

4. The ruling referred to in sec. 1 or the decision referred to in sec. 3 shall be rendered, with the reservation of Art. 36, without delay, not later, though, than within 24 hours after the submission of the application.

 

Article 36

1. If it is necessary to examine whether any of the circumstances referred to in Art. 35, sec. 2 occur or there is a need to clarify whether an alien submitting the application for the refugee status has not presented false data, information or circumstances, it is possible then to defer the ruling on the initiation of the refugee status determination proceedings or the decision denying its initiation for the period not exceeding 7 days from the date of the application’s submission. At that time, the alien may be ordered to reside within a specified location if he/she is not authorised to enter the territory of the Republic of Poland.

2. If after the examination it is established that any of the circumstances referred to in Art. 35 sec. 2 occur, the initiation of the proceedings shall be denied.

3. If after the examination it is established that, in the application, an alien presentedfalse data or information to in Art. 34, sec. 2 or Art. 34a sec. 2, the initiation of the procedure and entry into territory of the Republic of Poland may be denied. If an alien legally stayed in that territory, decision on deportation may be rendered.

 

Article 37

An alien having no right to enter the territory of the Republic of Poland shall lodge the application for the refugee status at the border control upon entering the territory of the Republic of Poland.

2. An alien who has arrived in the territory of the Republic of Poland illegally, shall lodge the application immediately after crossing the border. The submission of the application shall not relieve an alien from the liability for crossing the border with the violation of binding law regulations.

 

Article 38

1. An alien who has lodged the application for the refugee status shall be obliged to submit himself/herself to:

 

1) actions aimed at confirming his/her identity, particularly by means of taking fingerprints and photographs of that alien;

2) in justified cases, particularly when a contagious disease is suspected, to medical examinations, including the taking of samples of blood, secretions and excreta, and the necessary sanitary measures in respect of his/her body and clothing.

2. The costs of examinations and other actions, referred to in sec. 1 shall be incurred by the State Treasury.

3. In the event of refusal to submit to the measures referred to in sec. 1, para. 1, the application for granting the refugee status shall be left unacknowledged. Provision of Article 34, sec. 4 and 5, shall apply mutatis mutandis.

4. In the event of refusal to submit to actions referred to in sec. 1, para. 2, an alien may not be placed in a centre for persons applying for the refugee status.

 

 

Article 39

1. An alien with respect to whom a ruling on initiating the procedure for granting the refugee status was rendered shall be issued a temporary certificate confirming his/her identity.

2. During the period of its validity, the temporary identity certificate shall confirm the identity of the alien and entitle him/her to one-time entrance and residence in the territory of the Republic of Poland.

3. The temporary identity certificate of an alien shall be issued for the period not exceeding three months with the option of extending that period by consecutive periods, which, however, shall not exceed three months.

4. During the proceedings initiated for the purpose of granting the refugee status, an alien is be obliged to deposit his/her travel document at the agency conducting the proceedings for granting the refugee status in the first instance.

 

Article 39a

 

The proceedings related to the issuance of a visa or a residence permit for a specified period shall be suspended by virtue of law for the period of duration of the proceedings for granting the refugee status

 

Article 40

1. If necessary, and for the time necessary for the rendering of the final decision and in cases particularly justified for the period of up 3 months from the date of rendering the decision, an alien with respect to whom the procedure for granting the refugee status has been initiated may be provided with:

1) accommodation,

2) food,

3) medical care,

4) material assistance,

5) financial assistance permanent or one-time,

6) assistance related to the voluntary departure of the alien from the territory of the Republic of Poland.

2. The services referred to in sec.1 paragraphs 1 to 5shall be provided by placing an alien in a centre for aliens applying for the refugee status.

3. In cases justified by the alien’s health condition or safety considerations, the services mentioned in sec. 1, paragraphs 1 to 5 may be provided outside the centre for aliens seeking the refugee status.

 

 

Article 40a

Decisions in cases for granting or withdrawing the refugee status rendered in the first instance, rulings initiating the proceedings for granting the refugee status and decision on denial to initiate such proceedings shall be issued after an alien has been provided with the opportunity to give testimony and make representations in person.

 

Article 41

 

Decision granting or denying the refugee status shall be rendered not later than withinthe time limit of six monthsfrom the date of initiation of the procedure.

 

Article 41a

 

1. An alien shall be denied the refugee status for reason of his/her application being manifestly unfounded if such application for granting the refugee status in the light of the evidence gathered :

1) does not specify any grounds justifying the alien’s fear of persecution referred to in the Geneva Convention, or

2) intentionally misleads the competent agency or intends to abuse the proceedings for granting the refugee status;

2. There are no grounds justifying the alien‘s fear of persecution, in particular if:

1) the alien does not refer to his fear of persecution for reasons of his/her race, religion, nationality, being a member of a particular social group or his/her political opinions and he/she presents other reasons such as the intention to seek a job or better living conditions,

2) the alien refers to his/her fear of persecution the range of which is limited to particular areas in his/her country of origin or the country of permanent residence and she/he may safely move to and enjoy protection granted under Art. 33.1 of the Geneva Convention in another part of the territory of that country;

3) the alien does not present any basic information concerning the circumstances related to his/her fear of persecution.

3. The application for granting the refugee status intends to mislead the authority intentionally or to abuse the proceedings for granting the refugee status if:

1) it contains data which are manifestly unreliable or improbable or the facts presented therein are not coherent or it contains manifest discrepancies;

2) it has been submitted by an alien who has come from a safe country of origin,

3) the alien gives false information as to his/her identity or presents other false evidence;

4) while acting in bad faith the alien has destroyed, damaged, disposed of or concealed evidence relevant to the proceedings;

5) having the opportunity to submit the application earlier, the alien applied for the refugee status only for the purpose of avoiding the deportation decision.

4. An agency conducting the proceedings related to granting the refugee status shall issue the decision denying the refugee status for reasons of the applications being manifestly unfounded immediately after establishing that any of the circumstances referred to in sec. 1 has arisen.

 

Article 42

 

An alien shall be denied the refugee status if:

1) the alien has been granted the refugee status in another country which provides him/her with factual protection,

 

2) the alien does not meet the conditions specified in Art. 1 A of the Geneva Convention and the New York Protocol.

3) the circumstances specified in Article 1 F the Geneva Convention occur,

4) he/she is presently availing himself/herself of the protection or assistance of bodies or agencies of the United Nations other than the United Nations High Commissioner for Refugees.

 

Article 43

An alien who has been granted the refugee status shall be issued the travel document as provided for in the Geneva Convention and shall be granted the residence permit for a specified period.

 

Article 44

 

1. A minor child of an alien to whom the refugee status has been granted shall also be granted the refugee status if he/she stays in the territory of the Republic of Poland together with that alien and shall be granted the residence permit for a specified period and shall be issued a travel document as specified in the Geneva Convention.

2. If no separate travel document has been issued to a minor child of an alien who has been granted a refugee status then the travel document specified by the Geneva Convention issued to the legal guardian of the minor child shall also apply to the child of the alien.

3. In the event of granting the refugee status to an alien, his/her spouse referred to in Art. 34a sec. 2 shall also be granted the refugee status and shall be issued the travel document specified in the Geneva Convention and shall be granted the residence permit for a specified period in the territory of the Republic of Poland.

 

Article 44a

1. The refugee status shall expire by virtue of law upon the alien’s acquisition of the Polish citizenship or on the day of the submission of a written waiver of the refugee status.

 

Article 45

1. The residence permit for a specified period issued to the alien referred to in Art. 43 and 44 may not be withdrawn without prior withdrawal of the refugee status. In such event the provision of Art. 22 shall not apply.

2. Permit to settle issued to the alien referred to in Art. 43 and 44 may not be withdrawn without prior withdrawal of the refugee status.

 

Article 46

 

1. If in the course of the proceedings for granting the refugee status the decision on obliging the alien to depart from the territory of the Republic of Poland or the decision on the deportation of the alien was rendered, the execution of that decision shall be suspended by virtue of the law until the final decision in the case for granting the refugee status has been rendered.

2. If the proceedings for granting the refugee status were initiated after the decision obliging the alien to leave the territory of the Republic of Poland or the deportation decision were rendered, the execution of those decision shall be suspended by virtue of the law until the rendering of the final decision in this case.

3. deleted

 

Article 47

 

If circumstances referred to in Article 46 should arise, an alien shall be placed in a guarded centre referred to in Art. 59, sec. 1. The provisions of Art. 59, sec. 2 and 4 and Art. 60 shall apply mutatis mutandis.

 

 

Article 48

1. An alien may be withdrawn the refugee status if any of the circumstances referred to in Geneva Convention justifying withdrawal of the protection for the refugee provided for in this Convention should arise, with exception of the circumstances specified in Art. 1 C 3 of that Convention.

2. The decision to withdraw the refugee status may provide for expiration of the residence permit for specified period or may shorten the period for whichthe permit was granted. In such an event the decision shall specify an alien’s departure fromthe territory of the Republic of Poland.

 

Article 49

1. An alien applying for the refugee status or an alien who has been granted the refugee status may freely contact a representative of the Office of the United Nations High Commissioner for Refugees, and in particular apply to him for help.

1a. An alien applying for the refugee status or an alien who has been granted that status may freely contact other organisations dealing with the issues related to refugees.

2. At his/her own request and upon the written consent of the alien referred to in sec. 1, a representative of the Office of the United Nations High Commissioner for Refugees shall have the right to demand from the agencies conducting the proceedings for granting or withdrawing the refugee status information about the course of those proceedings and to look through the files of the case and to make copies and notes related to them with the exception of materials referred to in Art. 74 sec. 1 of the Administrative Procedure Code, however a representative of the United Nations High Commissioner for Refugees shall not have the right to lodge complaint against the ruling excluding the materials referred to in Art. 74 sec. 2 of this Code or the right to lodge complaint to the Supreme Administrative Court. An alien shall be informed about his/her right to grant consent at the time of submitting the application for the refugee status.

Information and in particular personal data obtained pursuant to this Article may be used exclusively for purposes referred to in Art. 35 of the Geneva Convention.

 

4. The authorities of the Republic of Poland shall undertake all measures to facilitate the United Nations High Commissioner for Refugees to perform tasks in accordance with Art. 35 of the Geneva Convention.

 

Chapter 6

Asylum

Article 50

1. An alien may be granted asylum in the territory of the Republic of Poland upon his/her application if it is necessary to secure protection to him/her, or when this is in the good interest of the Republic of Poland.

2. An alien who has been granted asylum shall be given the permit to settle.

 

3. deleted

 

Article 51

 

1. An alien may be withdrawn asylum if:

1) the reasons on the basis of which the asylum was granted have ceased to exist;

2) an alien carries on an activity directed against the defence or security of the state or public order.

 

2. The decision to deprive an alien of asylum shall result in expiration of the permit to settle. This decision shall specify the time limit within which an alien shall leave the territory of the Republic of Poland.

 

 

Chapter 6a

Temporary protection of aliens in the territory of the Republic of Poland

Article 5la

1. In the territory of the Republic of Poland, temporary protection may be granted to aliens leaving collectively their country of origin due to an enemy’s invasion, war, civil war, ethnic conflicts, or blatant violation of human rights.

2. The temporary protection shall be granted until there are possibilities of safe return of the aliens concerned to the territories of their former residence.

3. Temporary protection may be granted in the territory of the Republic of Poland exclusively pursuant to the regulation referred to in Art. 86a sec. 1.

Article 51b

1. Aliens enjoying temporary protection in the territory of the Republic of Poland shall be granted a visa or the residence permit for a specified period and may be provided with:

1) accommodation,

2) food,

3) medical care.

2. In justified cases, the aliens mentioned in sec. 2 may be provided with other services required for the purpose of satisfying basic subsistence needs.

 

 

Article 51 c

Fingerprints and photographs of aliens enjoying temporary protection in the territory of the Republic of Poland shall be taken. In justified cases, such aliens may be subjected to medical examinations and necessary sanitary treatment of the body and clothing.

 

Article 51d

If an alien enjoying temporary protection in the territory of the Republic of Poland does not have a travel document, then the Polish travel document for an alien may be issued to that alien.

 

Article 51e

With respect to aliens enjoying temporary protection in the territory of the Republic Poland for a period shorter than1 yearthe provisions on granting the refugee status shall not apply.

The proceedings for granting the refugee status initiated at the request of the alien enjoying temporary protection shall be suspended by the force of the law until the day of the lapse of the year since the issue of the visa or the residence permit for a specified period in relation to enjoying the temporary protection.

 

 

Chapter 7

Obligation to leave the territory of the Republic of Poland and deportation of aliens

Article 51f

 

1. An alien with regard to which any of the circumstances referred to in Art. 52 sec. 1 para. 1, 2, 5, 6 occur may be obliged to leave the territory of the Republic of Poland within 7 days.

2. The obligation for an alien to leave the territory of the Republic of Poland shall be rendered as a decision.

3. The decision referred to in sec. 2 shall be appended with the order of immediate enforceability.

4. The issuance of the decision referred to in sec. 2 shall be entered in the alien’s travel document.

5. The decision referred to in sec. 2 causes by force of the law the cancellation of the visa, the withdrawal of the residence permit for a specified period and the permit to work or perform other paid jobs.

6. An alien who has been granted the permit to settle or an asylum or who enjoys the refugee status granted in the Republic of Poland may not be obliged to leave the territory of the Republic of Poland.

 

Article 51g

 

1. With regard to the alien with respect to whom any of the circumstances referred to in Art. 52 sec. 1 para. 1, 2, 5 and 6 occur and who despite the obligation referred to in Art. 51f sec. 1 has not left the territory of the Republic of Poland of his/her own accord and within the time limit specified in that obligation shall be issued the deportation decision appended with an immediate enforceability order.

2. In case the deportation decision referred to in sec. 1 is issued with regard to an alien, on the same day the decision obliging the alien to leave the territory of the Republic of Poland shall expire as irrelevant.

3. If in the case referred to in sec. 2, the proceeding initiated upon the appeal against the decision whose expiry is declared is underway, it gets discontinued.

 

Article 52

1. An alien may be deported from the territory of the Republic of Poland if he/she:

1) resides in the territory of the Republic of Poland without the required permit to enter and stay,

2) entered into the employment relationship or did any paid work against the conditions specified in the law of December 14, 1994 on Employment and Fighting Unemployment (J.of L. of 2001 No 6., item 56) or undertook other activity without the required permit,

3) while giving testimony intended as the evidence in the proceedings conducted by the agencies referred to in this law has testified untruthfully or has concealed the truth or has falsified or changed a document for the purpose of using it as authentic or has used such a document as authentic,

4) any of the circumstances referred to in Art. 13, sec. 1 should arise,

5) has no means needed to pay the costs of residence,

6) did not leave the territory of the Republic of Poland within the time limit specified in the decision denying a visa or the decision denying the residence permit for a specified time or cancelling it or the decision withdrawing the permit to settle.

2. An alien who has been granted asylum or permit to settle may be deported only after prior withdrawal of the asylum or the permit.

3. An alien who has been granted the refugee status in the territory of the Republic of Poland may be deported only after prior withdrawal of that status unless circumstances referredto in Art. 32 and 33of the Geneva Convention arise.

 

Article 52a

 

A minor alien may be deported to his/her own country of origin or to another country only in the event that care will be provided to him/her in such a country by one of the parents or other adults or by competent care institutions in accordance with the standards provided for in the Convention on children’s rights.

 

Article 53

An alien must not be deported or obliged to leave the territory of the Republic of Poland if it should violate the provisions of the Convention on Protection of Human Rights and Fundamental Freedoms prepared in Rome on the day of 4 November 1950 (Journal of Laws No 61,item 284 and 285, of 1995 No 36, item 175, 176 and 177 and of 1988 No 147, item 962).

 

Article 54

1. The decision on deportation shall specify the date of alien’s departure from the territory of the Republic of Poland. The decision may also specify the route and place of crossing the border.

2. The fact of rendering the decision referred to in sec. 1 shall be recorded in the travel document of an alien.

3. The decision on deportation may be made immediately enforceable, with exception of the case of deporting an alien who holds the refugee status.

4. The decision on the deportation shall produce, by virtue of law, invalidation of a visa, withdrawal of the residence permit for specified period and employment permit or permit to undertake another gainful job by an alien. In the event of deportation of an alien holding the refugee status granted in the territory of the Republic of Poland without depriving him/her of that status, the provision of Art. 45 sec. 1 shall not apply.

 

Article 55

1. In the decision on deportation an alien may be notified of the place of his/her residence until the execution of the decision and may be obliged to report to the authority indicated in the decision at specified intervals of time.

2. An alien may not leave the place of residence without consent of the agency which issued the decision on deportation.

 

 

Article 56

Fingerprints and photographs of an alien with respect to whom the decision on deportation was rendered shall be taken.

 

Article 57

 

1. An alien with respect to whom the decision on deportation was rendered may be immediately deported to the border or the airport or sea port of the country to which such alien is deported if:

1) this is required for reasons of national security and defence or the protection of the public order;

2) he/she has not left the territory of the Republic of Poland in the time limit specified in the deportation decision.

 

2. An alien detained in the border zone directly after having crossed the border contrary to the binding laws may be immediately deported to the state border of the Republic of Poland, providing that such crossing was incidental.

 

Article 58

 

1. An alien in relation to whom circumstances justifying his/her deportation should arise, or who does not conform to the requirements specified in the decision on deportation, may be detained for a period not exceeding 48 hours. The detained alien shall have the rights vested in a detainee in the Penal Procedure Code.

2. Immediately upon detention of an alien a request for rendering deportation decision must be made or the obligation of deporting the alien to the border must be fulfilled, and if circumstances referred to in Art. 59, sec. 1 or 2 should arise, a request for placing the alien in a guarded centre or in detention centre with a view to deportation shall be made.

3. If within 48 hours from the moment of detention, an alien is not rendered to the disposal of the court together with the request to place him/her in a guarded centre or to arrest him/her for the purpose of deportation, such alien should be released without delay. An alien should also be released if he/she has not received the ruling on placement in a guarded centre or on his/her arrest for the purpose of deportation within 24 hours from rendering him/her to the court’s disposal. The alien shall also be released at the court’s order.

 

Article 59

1. If immediate deportation of an alien to the border is not possible and there is a well-founded reason to believe that an alien will attempt to evade the execution of the deportation decision, an alien may be placed in a guarded centre until the execution of the decision.

2. If there is a well-founded reason to believe that an alien will not observe the principles in force in the guarded centre or if an alien staying in such a centre leaves it without permission, he/she may be arrested with a view to deportation for the period necessary to execute the deportation decision.

3. If an alien has crossed the border of the Republic of Poland in defiance of the binding regulations and does not have any travel document, he/she shall be placed in a guarded centre, and if circumstances specified in sec. 2 should also arise, he/she shall be arrested with a view to deportation for the period necessary to establish his/her identity or to execute the deportation decision unless the premises specified in Art. 31 sec. 1 of the Geneva Convention occur.

4. An alien staying in a guarded centre or arrest for deportation must be immediately released if the reasons justifying the application of these measures have ceased to exist, or if the deportation decision has not been executed within 90 days from the moment of detention.

 

 

Article 60

1. An alien should not be placed in a guarded centre or deportation arrest if this may cause a serious threat to his/her life or burdensome consequences for his/her family.

2. If the state of health of an alien staying in the guarded centre or arrested so requires, he/she shall be placed in an appropriate medical care centre.

3. Upon the rendering of the decision placing an alien in a guarded centre or an arrest for the purpose of deportation:

1) the appropriate diplomatic mission or consular office shall be informed upon the consent of the alien concerned,

2) the guardianship court shall be informed if there is a need to provide care for his/her children,

2a) a social assistance agency shall be informed, shall there arise the need to take care of an infirm or diseased person of whom the alien took care,

3) the person indicated by an alien must be notified,

4) necessary measures to protect his/her property must be taken.

4. An alien must be informed, in a language he/she understands, in writing, of the rights he/she enjoys, the requests made and orders issued.

 

Article 61

1. An alien who has beenundoubtedlywrongfully detained or placed in a guarded centre or deportation arrest shall be entitled to compensation, from the State Treasury, for damage he/she has borne and to satisfaction for the injury suffered.

2. Cases specified in sec. 1 shall be conducted in accordance with the provisions of the Penal Procedure Code related to compensation for wrongful conviction,temporaryarrest, or detention.

 

Article 62

1. An alien shall bear the costs related to deportation, with reservation of sec. 3 and Art. 15 sec. 2 and 6.

2. The costs referred to in sec. 1 shall in particular include:

1) costs of transporting an alien to the state border of the Republic of Poland or to the border, airport or sea port of the state to which an alien is going or is being deported to,

2) costs related to escorting an alien,

3) administrative costs related to deportation.

3. If deportation of an alien takes place as a result of his/her taking up employment or other gainful job without the necessary permit and consent, the costs referred to in sec. 1 shall be borne by the employer.

4. The costs related to deportation are subject to the administrative enforcement of dues. An agency issuing the deportation decision is entitled to issue the execution title. The initiation of execution proceedings does not require delivering an admonition.

5. With respect to the alien’s money resources in the deposit of a Police unit or a Border Guard unit, the agency entitled to execution is that unit of the Police or Border Guard.

 

Article 63

If the costsrelated to deportationcannot be enforced, they shall be covered by the State Treasury.

 

 

Chapter 8

Registers of Aliens

 

Article 64

1. The data of aliens with regard to whom any of the circumstances referred to in Art. 13, sec. 1 occur shall be entered in the record of aliens whose residence in the territory of the Republic of Poland is undesirable, hereinafter referred to as the "record".

2. The data of the alien shall be placed in the record for the period referred to in Art. 13, sec. 1a.

3. The alien’s data entered in the record include his/her personal data as well as the legal and factual grounds for the entry.

4. The alien’s personal data include:

1) the first name(s) and surname (also other surnames if used),

2) the names of the parents an the mother’s maiden name,

 

3) the date and place of birth,

 

4) sex,

 

5) citizenship,

 

6) the place of residence.

 

 

Article 65

1. The data entered in the record may be made accessible to the agencies referred to in Article 90, sec. 2, para. 1 to 3 and the agencies supervising them, as well as to the court and the public prosecutor executing the preparatory proceedings for an offence prosecuted by the public prosecutor, and to the High Administrative Court.

2. The personal data of an alien entered into the record may be made accessible to the voivod and the consul.

3. Data entered into the record may not be made accessible for the purposes of public statistics.

 

 

Article 65a

1. The President of the Office for Repatriation and Aliens, at the request of the alien, shall offer information, in cases specified in Art. 13 sec. 1 para. 1 and 2, concerning the entry of his/her data into the record referred to in Art. 64, the period of the entry’s validity and what agency requested that entry.

2. The President of the Office for Repatriation and Aliens in cases referred to in Art. 13 sec. 1 para. 3 – 9 informs the alien upon his/her request exclusively about the validity period of the entry.

3. The information referred to in sec. 1 shall be offered to an alien within the time limit of 30 days from the date of receiving his/her request,

4. The alien shall have the right to make request for correcting the data included in the record if he/she has found they are untrue and to make request for deleting his/her data from the record if there are reasons to suspect that the data have been placed in the record as a result of a mistake.

5. The President of the Office for Repatriation and Aliens shall provide an alien with information on manners of examining the request for correcting data included in record.

 

6. To proceedings in cases referred to in sec. 1 – 5, the regulations of the Administrative Procedure Code on certificates shall not apply.

 

Article 66

Personal data of aliens who have been granted the refugee status or asylum, or who have applied for the refugee status or asylum are subject to protection, as specified by separate regulations, and those data may not, without the interested person’s written consent, be made available to the authorities or public institutions in the countries of origin.

 

Article 67

1. Competent agencies shall run the following records relevant to the issues of aliens:

1) registers of visa applications lodged and decisions issued in these matters;

2) registers of decisions on deportation and persons deported from the Republic of Poland;

3) registers of applications for residence permits for a specified period submitted and decisions rendered in these matters;

4) registers of submitted applications for the permit to settle in the territory of the Republic of Poland and decisions rendered in these matters;

5) registers of lodged applications for the refugee status and decisions issued in these matters;

6) registers of lodged applications for asylum and decisions issued in these matters;

7) the record of invitations referred to in Art. 15;

8) the register of fingerprints referred to in Art. 38, sec. 1, para. 1, and Art. 51c, and Art. 56.

9) the register of persons detained in the border zone referred to in Art. 57 sec. 2,

10) the register of persons obliged to leave the territory of the Republic of Poland and decisions issued with regard to these cases.

 

2. Data contained in the registers and the recordmay be processed by and made available through computer systems.

 

Chapter 9

Liability of the Carrier

 

Article 68

1. The carrier is obliged to ensure, without unjustified delay, the departure of an alien who arrived by aircraft or a sea-going vessel and who has not been permitted to enter the territory of the Republic of Poland, at the alien’s expense, and if the alien has not sufficient resources to pay for such departure, at the carrier's expense.

2. The alien referred to in sec. 1 may be forbidden to leave that aircraft or vessel or may be ordered to return on board of another aircraft or vessel.

3. If his/her immediate departure is impossible or particularly difficult, an alien who has not been granted the permit to enter the territory of the Republic of Poland may be ordered to remain in a specified place until the time of his/her departure.

4. Decisions referred to in sec. 2 and 3 shall be subject to immediate execution.

5. The costs of the residence of an alien referred to in sec. 3 shall be covered by the carrier if an alien does not meet the conditions for entry set out in Art. 5 or does not hold the permit referred to in Art. 6, sec. 1. In all other cases, these costs shall be covered by the State Treasury.

6. An administrative fine in the amount up to PLN 10,000 shall be imposed on the carrier for each alien brought into the territory of the Republic of Poland who does not fulfil the conditions for entry specified in Art. 5 or does not have the permit referred to in Art. 6 sec. 1.

 

 

Chapter 9a

The President of the Office for Repatriation and Aliens

Article 68a

1. President of the Office for Repatriation and Aliens hereinafter called "the President" shall be the central administrative agency competent with respect to repatriation, entry of aliens in the territory of the Republic of Poland, the passage of aliens through that territory, the residence in and leaving it, granting the refugee status and asylum to aliens as well as the matters related to Polish citizenship following from the scope of tasks of government administration with reservation for the competences of other agencies as provided for in the laws.

2. The Minister competent with respect to internal affairs shall exercise supervision over the President.

 

Article 68b

1. The President shall be appointed and recalled by the Prime Minister upon the request of the minister competent with respect to internal affairs.

2. The person who jointly, meets the following conditions may be appointed for the post of the President:

1) holds Polish citizenship and resides permanently in the territory of the Republic of Poland,

2) enjoys the public rights in full,

3) has not been punished for intentional crime,

4) has a higher education degree

3. The Vice-Presidents shall be appointed and recalled by the minister competent with respect to internal affairs at the request of the President.

4. The President shall perform the tasks with the assistance of the Office for Repatriation and Aliens hereinafter referred to as the "Office".

5. The organisation of the Office shall be specified in the statute bestowed by means of the ordinance of the Prime Minister at the request of the minister competent with respect to internal affairs.

 

Article 68c

1. The President’s responsibilities include:

1) coordinating the activities of public administration agencies with regard to the matters of aliens and repatriates,

2) rendering the first instance rulings and decisions in the matters concerning:

a) granting assistance from the state budget to repatriates and members of the closest family of a repatriate who run a common household with him/her,

b) granting residence permits for a specified period to spouses or minor children of repatriates,

c) allowing for the issue of visas referred to in Art. 14,

d) granting or cancelling the refugee status,

e) granting or withdrawing the asylum protection,

3) rendering the second instance decisions and rulings in the issues regarding:

a) recognition as a repatriate,

b) recognition of the Polish origin following from Art. 5 of the law of November 9, 2000 on Repatriation,

c) visas,

d) the refusal or annulment of invitations or entering the issue of invitations in the records,

e) residence permits for a specified period and permits to settle,

f) residence permits for a specified period for the purpose of reuniting with a family,

g) deportation,

h) imposing administrative penalties referred to in Art. 68 sec. 6,

i) Polish citizenship following from the scope of responsibilities of government administration on principles and in the mode specified in the law of February 15, 1962 on Polish Citizenship (J. of L. of 2000, No 28,item 353 and of 2001 No …item …),

 

4) granting permission for the issue of visas for the purposes of repatriation,

5) running a record of persons applying for visas for the purpose of repatriation and members of their families who do not have accommodation or sources of maintenance guaranteed in the Republic of Poland,

6) running record of accommodation premises and sources of maintenance for repatriates,

7) running central register of applications, decisions and rulings rendered in cases for granting repatriation visas and granting assistance to repatriates from the state budget,

8) running centres for persons applying for the refugee status,

9) sending for medical examinations referred to in Art. 38 sec. 1 para. 2,

10) implementation of tasks assigned concerning the temporary protection of aliens,

11) assuring services referred to in Art. 40 sec. 1,

12) running a central register of data related to the acquisition and loss of Polish citizenship,

13) making analyses concerning the migration and refugee situation,

14) cooperating internationally with regard to the phenomena of migration and refugees,

15) gathering information about the immigrants’ countries of origin,

16) organizing and conducting trainings with regard to proceedings referred to in the law,

17) exercising other competences and carrying activities specified in the law and separate regulations.

2. The President supervises the implementation of tasks following from this law by the voivods.

3. The President is a higher degree organ, in the understanding of the Administrative Procedure Code, than the voivod with regard to issues referred to in this law.

4. The President may entrust non-governmental organizations with tasks referred to in sec. 1 para. 8.

Article 68d

1. The President acting in consultation with the Commandant in Chief of the Border Guard may, at the request of the consul, the commmander of the border checkpoint of the Border Guard or ex oficio, permit an alien who does not meet the conditions regarding the entry or residence as specified in the law to enter and reside in the territory of the Republic of Poland if this shall be justified by humane considerations or the interest of the Republic of Poland. The provisions of the Administrative Procedure Code and the law of May 11, 1995 on the Supreme Administrative Court (J. of L. No 74,item 368 and No 104, item 515, of 1997 No 75, item 471, No 106, item 679, No 114, item 739 and No 144, item 971, of 1998 No 162, item 1126, of 1999 No 75, item 853 and of 2000 No 2, item 5, No 48, item 552, No 60, item 704 and 91, item 1008) do not apply to the issuance of such permit for entry or residence.

2. Annually, by March 31, the President shall present to the minister competent with respect to internal affairs with information about the application of the provisions of sec. 1 in the previous year.

 

Article 68e

1. The minister competent with respect to internal affairs in cases justified by a significant increase in the amount of submitted applications for a refugee status referred to in Art. 37 sec. 1 or in cases justified by the significant increase in the amount of applications for a refugee status submitted by aliens residing in certain regions of the Republic of Poland situated far away from the seat of the Office may, by way of an ordinance, establish and dissolve branches of the Office specifying their territorial competence, the scope of activity including the rights of the manager of the branch office to render, by the President’s authorisation, administrative decisions.

 

Article 68f

The President shall use a round seal with the national emblem in the form of an eagle.

 

Article 68g

The President may authorise the Office’s employees and the voivod may authorise the personnel of regional offices to inspect permits, documents and means referred to in Art. 27 sec. 1 and 2.

 

 

Chapter 10

The Board for the Refugee Issues

 

Article 69

1. The Refugee Board, hereinafter referred to as the "Board", shall be the public administration agency to examine the appeals and complaints against decisions and rulings rendered by the President in cases concerning the granting or withdrawing of the refugee status, and especially in cases referred to in Art. 34, sec. 3, Art. 35, sec. 2 and 3, Art. 36 and Art. 38, sec. 3.

2. In addition to tasks listed in sec. 1, the Board shall:

1) render decisions in cases referred to in Art. 85 b sec. 6,

2) carry out analyses of decisions concerning cases for granting or withdrawing the refugee status,

3) collect information concerning the situation in the countries of origin of the aliens,

4) cooperate with competent national and foreign agencies and institutions with regard to the problems of migration and refugees.

3. The Prime Minister, by means of an ordinance, shall bestow the Board with the organisational statute and the rules of internal operation, which shall define, in particular, the manner of summoning and running sessions of adjudicating benches as well as plenary sessions and the manner of creating internal commissions of the Board.

 

Article 70

1. In cases which remain within the competence of the Board it shall enjoy the powers of the agency of higher level as interpreted by the provisions of the Administrative Procedure Code.

2. The Board shall adjudicate in cases concerning the resumption of proceedings, the reversal, change or determination of invalidity of its decisions.

 

Article 71

1 The Board shall consist of 12 members appointed for the five-year term by the Prime Minister, including groups of four persons appointed from among candidates presented by the Minister competent with respect to foreign affairs and the Minister of Justice. Each of the ministers shall present eight candidates.

1a. In the event justified by an increased inflow of appeals, the Prime Minister may, at the request of the president of the Board, lodged on the basis of the Board's resolution, appoint additional members of the Board for the period up to the end of a given term of office. The provisions of sec. 1 do not apply.

2. A person who is a national of the Republic of Poland and enjoys full public rights may become a member of the Board.

3. The Board members shall be appointed from among the persons with outstanding theoretical knowledge or practical experience in refugee problems. At least half of the Board members must have a higher education law degree.

 

Article 72

1. The Prime Minister may recall a member of the Board in the event of:

1) his/her resignation from function;

2) an illness which permanently prevents him/her from performing his/her functions;

3) he/she has received legally valid sentence for intentional crime;

4) theoccurrence of other circumstances rendering the performance of functions or duties by a given Board member impossible.

 

2. If a member of the Board has been recalled or in case of his/her death, the Prime Minister shall appoint a new member of the Board for the period up to the end of a given term, in conformity with the principles following from Art. 71.

 

 

Article 73

1. The President of the Board shall manage works of the Board and in particular the President shall:

1) determine the work agenda of the Board and the schedule of operations for adjudicating benches,

2) appoint adjudicating benches,

3) summon plenary sessions of the Board,

4) assign cases to be examined to adjudicating benches and supervise the promptness of their settlement,

5) represent the Board in contacts with other agencies and institutions,

6) represent the Board in proceedings before the Supreme Administrative Court or appoint another member of the Board for that purpose,

7) appoint, if necessary, experts to participate in proceedings executed before the Board,

8) assign to members of the Board the tasks related to the operations of the Board,

9) appoint thematic teams or work groups to prepare issues and make analyses of problems resulting from the operations of the Board,

10) perform other tasks following from legal regulations.

2. The President of the Board shall be elected by the members of the Board from among its group by the majority of votes in the presence of at least two thirds of its bench. They can recall him/her in the same procedure.

3. The Board shall adjudicate in benches of three persons with the reservation of cases referred to in sec. 6 and 7.

4. Decisions shall be rendered by the majority of votes. A member of the adjudicating bench may not abstain from voting.

5. Upon subscribing a signature, a member of the adjudicating bench whose vote has been overruled may indicate in the decision his/her different opinion, specifying which part of the decision he/she has questioned, and why.

6. The president may order the examination of a case by a one-person bench with the reservation of sec. 7.

7. In cases referred to in Art. 85b, sec.6, the cases shall be examined by one-person benches.

8. Upon rendering the decisions, the members of the Board shall be bound exclusively by the regulations of the law.

9. Members of the Board shall avail themselves of the protection foreseen for public officers.

 

Article 74

1. The employer who has employed a member of the Board shall grant him/her an unpaid leave, at his/her request, for the period of performing his/her duties.

2. Officials of state offices and civil servants shall have the right to return to the positions previously occupied, after having finished the work in the Board or, should the above be impossible, to an equal position.

3. Members of the Board, in the number not exceeding one third of its bench, at the request of the Board’s President shall be employed by the Chief of the Prime Minister’s Chancellery till the end of the term.

4. Members of the Board shall receive remuneration for their work or for holding functions in the Board.

5. The Prime Minister shall define, by means of an ordinance, the principles of remunerating the members of the Board and compensating other costs borne in connection with working for the Board. The ordinance shall define all components of remuneration of members of the Board employed by the Chief of the Prime Minister’s Chancellery as well as of those who are not employed with respect to functions performed in the Board as well as the portion of remuneration conditional on participation in the sessions of adjudicating benches, the amount of cases examined and participation in proceedings before the Supreme Administrative Court.

 

Article 75

1. The Chancellery of the Prime Minister shall provide administrative and secretarial services to the Board.

2. The operations of the Board shall be financed from the state budget, from the quota for the Refugee Board, in the part relating to the Chancellery of the Prime Minister.

 

3. The Prime Minister, by means of an ordinance, shall define, dependant on the nature and tasks of the agency specified in Art. 69, sec. 1 and 2, the organisational conditions of providing services to the Board and the scope and principles of financing its operations.

 

Chapter 10a

Domestic Information System

 

 

Art. 75a

 

For the needs of the border control, which controls the legality of the residence or sojourn as referred to in Art. 26 sec. 1 as well as for the needs of other proceedings conducted pursuant to the laws, Domestic Information System is established.

Art. 75b

 

1. Domestic Information System processes the data of:

1) people:

a) sought in connection with the extradition motion relating to them or the motion ordering temporary arrest for the purpose of extradition,

b) who were presented with a crime charge or suspected of having committed a crime,

c) to whom the motion for sending over for the purpose of penalty execution relates,

d) entered in a record,

e) missing or protected in connection with a penalty proceeding currently pending,

f) sought at the motion of the court or a prosecutor in connection with a penalty proceeding,

2) items:

a) stolen or missing mechanical vehicles, boats and yachts,

b) stolen or missing weapons, amunition and explosive materials,

c) stolen or missing identity documents and printed forms of such,

d) banknotes reported as missing and sought.

2. The data referred to in sec. 1, item 1 include:

1) the first name(s) and surname(s) and the nickname,

2) the date and place of birth,

3) citizenship,

4) sex,

5) distinctive features,

6) information that a given person may be armed,

7) information that a given person may use force,

8) the reason for entering the data of a given person into the Domestic Information System,

9) the approach recommended towards a given person.

 

Art. 75c

 

1. The data referred to in Art. 75b may be transfered abroad pursuant to international agreements binding for the Republic of Poland.

2. The data received from the agencies of other countries may be included into the Domestic Information System.

 

Art. 75d

 

1. The data contained in the Domestic Information System shall be processed by the minister competent with respect to internal affairs.

2. The data contained in the Domestic Information System referred to in Art. 75b shall be made available, this being necessary for the implementation of statutory tasks, to the following agencies:

1) the Minister of National Defence,

2) the Justice Minister,

3) the minister competent with respect to the matters of public finance,

4) the minister competent with respect to foreign affiars,

5) the minister competent with respect to the matters of public administration,

6) the Chief Customs Inspector,

7) the Commandant in Chief of the Police,

8) the Commandant in Chief of the Border Guard,

9) the President of the Main Customs Office,

10) the Head of the State Protection Office,

11) the President of the Office for the Matters of Repatriation and Aliens,

12) the consuls,

13) the voivods,

14) the prosecutors,

15) the court.

3. The minister competent with respect to internal affiars may agree, by way of a decision, to make available the data contained in the Domestic Information System to the agencies referred to in sec. 2 via devices for data teletransmission without the need to submit a written request if the following conditions are jointly met:

1) the agencies have devices allowing the noting in the Domestic Information System who, when, for what purpose and what data obtained,

2) the agencies are technically and organizationally secured against the use of data or information in a way contrary to the purpose for which they have been obtained,

3) it is justiefied by the special character or scope of tasks executed by the agency.

4. The agencies referred to in sec. 2 item 1 to 13 are obliged to relay on the current basis to the Domestic Information System tha data referred to in Art. 75b.

5. The administrator of data who processes personal data for the needs of the Domestic Information System is released of the information providing obligation specified in Art. 25 sec. 1 of the Law of August 25, 1997 on the Protection of Personal Data ( J. of L. No 133, item 883 and of 2000 No 12, item 136).

6. The processing of personal data in the Domestic Information System is subject to the control of the Chief Inspector for Personal Data Protection.

 

 

Chapter 11

Principles of Proceedings and Competence of Authorities

 

Article 76

1. The proceedings in cases regulated by this Act shall be executed according to the provisions of the Administrative Procedure Code unless this Act stipulates otherwise.

2. The procedure concerning matters regulated by this law which fall within the competences of the consuls shall be executed according to the provisions of the law dated February 13, 1984 on the Functions of Consuls of the Republic of Poland (Journal of Laws, No. 9, item 34 of 1997, No. 114 item 739, of 1998, No. 117, item 757 and of 1999, No. 52, item 532 and of 2000 No 120, item 1268)) unless this law provides otherwise.

 

Article 76a.

 

Prior to rendering the decisions and rulings with regard to issues specified in the law, the President may request the Police, the Border Guard, the State Protection Office, the Institute for National Remembrance – the Commission for Pursuing Crimes Against the Polish Nation, the Military Information Services and the Domestic Criminal Record for information necessary for proceedings conducted.

 

Article 77

An authority may refrain from justifying a decision or ruling rendered on the basis of the provisions of the Act if considerations of national defence or security or the protection of public order so require.

 

Article 77a

 

1. In proceedings executed pursuant to the provisions of this law, the personal data of an alien may be processed including the data concerning the following:

1) citizenship,

2) criminal record and decisions rendered in judicial and administrative proceedings

2. In proceedings for granting the refugee status and the asylum, in addition to the data referred to in sec. 1, also the data concerning the following may be processed:

1) racial or ethnic origin,

2) the alien's political opinions,

3) nationality,

4) religious or philosophical convictions and religious allegiance,

5) health condition.

3. In proceedings for granting a visa or denying entry and in proceedings for granting a residence permit for a specified period for the purpose of family reunification, in addition to the data referred to in sec. 1, also data concerning the alien’s health condition may be processed.

 

Article 78

1. Control of travel documents, permits and means possessed by an alien referred to in:

 

1) Art. 5 sec. 1 and Art. 6 sec. 1 shall be carried out by the Commanding Officer of the Border Guard Checkpoint;

2) Art. 27 sec. 1 and 2 shall be carried out by the voivod (Province Administrator), the President and officials of the Border Guard or the Police.

 

2. In the event referred to in Art. 27 sec. 1 and 2, the control of travel documents, permits and means possessed by an alien referred to in Art. 6 sec. 1 shall be carried out by the voivod.

 

3. The minister competent with respect to internal affairs, acting in consultation with the minister competent with respect to the matters of public finance and the minister competent with respect to foreign affairs, shall specify, by means of an ordinance, the amount of means referred to in Art. 6 sec. 1 allowing to cover the costs of accommodation, food and transportation in the territory of the Republic of Poland, and the manners of documenting the fact of their possession by an alien indicating the types of documents required to confirm the possession of those means.

3. The Council of Ministers may introduce, by means of an ordinance, an obligation for aliens who are citizens of certain states to pay a fee referred to in Art. 5 sec.2 and specify the amount of that fee.

4. The fee referred to in Art. 5 sec. 2 shall be collected by the commanding officer of the Border Checkpoint and shall constitute the revenue of the state budget.

5 The minister competent with respect to internal affairs, acting in consultation with the minister competent with respect to foreign affairs, shall announce, by way of a public announcement in the Official Journal of the Republic of Poland "Monitor Polski", the list of states with which the Republic of Poland entered into agreement on the abolition of the visa obligation or which unilaterally abolished the visa obligation with respect to the citizens of the Republic of Poland, specifying: the date on which the agreement becomes effective, the purpose of sojourn for which the visa obligation was abolished and the period of stay which does not require the possession of a visa and other important elements concerning the principles of entry and residence.

 

Article 79

1. Abroad, visas shall be issued or denied by consuls with the reservation of sec. 2, 3, 4 and 6 and Art. 98 and in the country, by voivods competent with respect to the place of residence of the alien, and in particularly justified cases, by the commanding officers of Border Guard Checkpoints.

2. If the purpose of the alien’s entry and residence in the territory of the Republic of Poland is employment or undertaking another gainful work, visas shall be issued or denied by the consuls competent with respect to the place of the alien’s residence. With respect to the aliens whose employment permits or permits to perform other gainful work have been prolonged, the visas shall be issued or denied also by the voivod competent with respect to the place of employment of those aliens.

3. The consul competent with respect to the place of an alien's residence after obtaining consent of the President issues or denies the issue of a repatriation visa and renders the decision promising or denying a visa for the purpose or resettlement. In particularly justified cases, the minister competent with respect to foreign affairs may appoint another consul.

4. If the reunification of families is the purpose of the entry and residence, visas shall be issued by the consuls competent with respect to the place of the alien’s residence upon obtaining information about the granting of the residence permit for a specified time for the purpose of reuniting with the family.

5. The ruling of the President denying consent to the issue of the visa for repatriation or the President’s decision promising the issue of a repatriation visa may be appealed against to the Supreme Administrative Court.

6. In the case specified in Art. 14, visas shall be issued or denied by agencies referred to in sec. 1 after obtaining the consent of the President.

7. The decision denying the issue of a visa, the denial of entry or visa cancellation rendered by the commanding officer of a Border Guard checkpoint, may not be appealed against.

8. If an alien residing in the territory of the Republic of Poland has lost his/her travel document, or it was destroyed or its validity term expired, upon the alien’s request, a new visa shall be inserted in the new document in place of the lost one, by the agency which issued the original visa. The visa, which had been previously issued by a consul or the commanding officer of a Border Guard checkpoint, shall be inserted by the voivod competent with respect to the place of the alien’s residence.

9. The minister competent with respect to foreign affairs, acting in consultation with the minister competent with respect to internal affairs, shall announce, by way of an announcement in the Official Journal of the Republic of Poland "Monitor Polski", the list of states whose citizens must possess a visa issued for the purpose of entry, residence and departure through the international airport transit zone in accordance with the regulations binding in the European Union.

 

Article 80

1. Decisions:

1) refusing to admit an alien into the territory of the Republic of Poland shall be rendered by the commanding officers of the Border Guards checkpoints;

2) specifying the duration of the residence referred to in Art. 13 sec. 4 shall be issued by the voivods competent with respect to the place of residence of the alien, and upon crossing the border by commanding officers of the Border Guard checkpoints.

 

2. The decision of the Border Guard checkpoint’s commanding officer referred to in sec. 1 may be appealed against to the Commandant in Chief of the Border Guard.

 

 

Article 80a

1. The proceeding conducted by Border Guards agencies prior to the rendering of the decision referred to in Art. 13 sec. 1 may be limited to:

1) hearing the alien,

2) controlling the documents possessed by the alien,

3) hearing persons indicated by the alien if they accompany him/her in the sojourn,

4) exercising other controlling activities provided for in the law of October 12, 1990 on Border Guard ( J. of L. No 78, item 462, of 1991 No 94, item 422, of 1992, No 54, item 254, of 1993 No 12, item 52, of 1994 No 53, item 214, of 1995 No 4 item 17, No 34, item 163, of 1995 No 104, item 515, of 1996 No 106, item 496, No 124, item 583, of 1997 No 28, item 153, No 88, item 554, No 121, item 770 and of 1999 No 110, item 1255).

2. In special cases, this being dictated by the conditions in which it is carried out, the proceeding referred to in sec. 1 may be limited to controlling the documents possessed by the alien.

 

Article 81

The voivod competent with respect to the place of residence or the registered seat of the host shall render the decisions on entering an invitation into the register of invitations, the decisions denying such entry and the decisions invalidating an invitation.

 

Article 82

1. Residence permits for specified periods, with the reservation of Art. 82a and Art. 85c sec. 3, the permits to settle and residence cards shall be granted or denied by the voivod competent with respect to the alien’s place of intended residence.

2. The voivod competent with respect to the place of residence of an alien shall replace the alien’s residence card.

3. Applications for granting the permit referred to in sec. 1 shall be submitted by an alien residing abroad through the consul competent with respect to the place of residence of the alien; an alien residing in the territory of the Republic of Poland shall submit applications to the voivod competent with regard to the place of his/her residence.

4. Decisions on the prolongation or withdrawal of permits referred to in sec. 1 shall be rendered by the voivod competent with respect to the place of residence of the alien.

5. Decisions concerning residence permits for specified periods shall be issued by the voivod after consulting the Commandant in Chief of the Border Guard.

 

6. Decisions concerning permits to settle shall be issued by the voivod after consulting a competent Commanding Officer of the Voivodship (Province) Police Headquarters, the Commandant in Chief of the Border Guard and the Head of the State Protection Office.

7. If the opinion referred to in sec. 5 or 6 is not delivered within 30 days from the delivery of the demand for such an opinion, such an opinion shall be regarded granted.

8. In particularly justified cases, the term referred to in sec. 7 may be extended up to 6 months, about which an alien and the voivod shall be informed by the opinion granting agency.

 

 

Article 82a

 

The voivod competent with respect to the alien’s place of residence referred to in Art. 24a shall grant or deny the residence permit for a specified period for the purpose of family reunification and the residence card.

 

Article 82b

The minister competent with respect to higher education, acting in consultation with the minister competent with respect to internal affairs, shall specify, by way of an ordinance, the pattern of the certificate required to confirm the enrolment in a university as referred to in Art. 17 sec. 2 para. 4, including in particular: the first name and surname of the alien, the date and place of birth, citizenship, the name and address of the university, the date of the beginning and duration of studies for which the alien has qualified.

 

Article 83

1. The Polish travel document for an alien shall be issued by the voivod competent with respect to the place of residence of an alien.

2. The temporary Polish travel document for an alien shall be issued:

1) abroad - by the consul;

2) in the country - by the voivod competent with respect to the place of residence of the alien and in particularly justified cases, by the commanding officer of the Border Guard checkpoint.

 

Article 84

Decisions ordering an alien to stay in a specified place based on Art. 36, sec. 1 shall be issued by the agency entitled to render the ruling initiating the proceedings related to granting the refugee status.

 

Article 85

1. An alien shall submit the application for the refugee status to the President through the agency of:

1) Commandant in Chief of the Border Guard during his/her residence in the territory of the Republic of Poland,

2) the commanding officer of the Border Guard checkpoint if the alien has not the right to enter the territory of the Republic of Poland.

2. The Commandant in Chief of the Border Guard conducts proceedings in cases for the initiation of the proceeding to grant a refugee status and in particular interviews persons applying for this status and renders rulings referred to in Art. 35 sec. 1.

3. The minister competent with respect to internal affairs shall appoint, by way of an ordinance, the commanding officers of Border Guard checkpoints authorised to receive applications referred to in sec. 1, para. 2 and to execute proceedings in cases for initiation of the proceedings for granting the refugee status, including, in particular, interviews with persons applying for that status, and shall authorise them to render rulings referred to in Art. 35, sec. 1, taking into account the extent of migration movement in the area of competence of given Border Guard Checkpoints and conditions which should allow to receive the applications and execute proceedings in appropriate manner.

 

Article 85a

1. Actions taken to identify or confirm the identity of an alien applying for the refugee status and to determine circumstances related to his/her entry and residence in the territory of the Republic of Poland including the actions referred to in Art. 38, sec. 1 shall be undertaken by:

1) The Commandant in Chief of the Border Guard in cases specified in Art. 85 sec. 1, para. 1;

2) The commanding officer of the Border Guard checkpoint, in cases specified in Art. 85, sec. 1, para. 2.

 

2. The Commandant in Chief of the Border Guard in cases specified in Art. 85, sec. 1, para. 1, and the commanding officer of the Border Guard checkpoint, in cases specified in Art. 85, sec. 1, para. 2 shall take actions aimed at determining whether the circumstances referred to in Art. 1 F of the Geneva Convention do not occur with regard to the alien.

3. In order to implement the actions referred to in sec. 1, the alien and his/her luggage may be searched.

 

 

Article 85b

1. Decisions in matters of granting or withdrawing the refugee status and in particular in matters referred to in Art. 34 sec. 3, Art. 35 sec. 2 and 3 and Art. 38 sec. 3, shall be rendered by the President.

2. The President shall render the decision granting the refugee status after the consultation with the Head of the State Protection Office with regard to the occurrence of circumstances specified in Art. 1 F of the Geneva Convention

3. If within the time limit of 30 days from the date of the demand delivery, the Head of the State Protection Office does not offer opinion referred to in sec. 2 , the opinion shall be regarded granted.

4. In particularly justified cases, the term referred to in sec. 3 may be extended to 3 months, about which the alien seeking the refugee status and the President shall be informed by the Head of the State Protection Office.

5. Decision denying the refugee status for reason of manifest groundlessness of the application may be appealed against within 3 days from the date of the decision’s delivery to the alien.

6. The Board shall render the decision in a case on the denial to grant the refugee status for reason of manifest groundlessness of the application within the time limit of 5 days from the date on which the Board received the appeal together with the files of the case.

 

Article 85c

1. A temporary identity certificate for an alien who applies for the refugee status shall be issued by the Commandant in Chief of the Border Guard in cases specified in Art. 85, sec. 1 para. 1 or the commanding officer of Border Guard checkpoint in cases specified in Art. 85, sec. 1, para. 2.

2. Validity of the temporary identity certificate of an alien applying for the refugee status shall be prolonged by the President.

3. The alien who has obtained the refugee status shall be granted the travel document provided for in the Geneva Convention as well as the residence permit for a specified period and the residence card by the President. The President shall also prolong the residence permit for a specified period when necessary.

 

Article 85d

The minister competent with respect to internal affairs, shall specify, by way of an ordinance, the principles of stay in the centres for aliens seeking the refugee status specifying in particular the principles of entering the centres and visiting the people staying in the centres, the times and principles of serving meals, the manner of maintaining tidiness and order.

Article 85e

 

With reference to matters specified in Art. 38, sec. 1 para. 2, the minister competent with respect to the matters of health, acting in consultation with the minister competent with respect to internal affairs, shall define, by way of an ordinance, the following: the range of medical examinations, detailed conditions and manners of carrying out those examinations, the range and conditions of performing sanitary treatment of the body and clothing of aliens applying for the refugee status, and the range and conditions of exercising supervision over medical examinations of aliens placed in the centres for aliens applying for the refugee status, complying, in particular, with the principles of medical science with regard to prevention of infectious diseases’ dissemination.

 

Article 85f

1. The granting of benefits referred to in Art. 40 sec. 1 shall be assured by the president. The granting of benefits shall be denied by way of a decision.

2. The minister competent with respect to internal affairs, shall specify, by means of ordinance, the amount, the conditions of granting, providing and withholding the benefits as well as manners in which aliens applying for granting the refugee status use the benefits specified in Art. 40, sec. 1, and in particular conditions in which aliens applying for the refugee status may use the benefits specified in Art. 40, sec. 1, while staying outside the centre for aliens, daily board rates in the centre for aliens applying for the refugee status, circumstances in which a cash equivalent for food served in the centre is paid, the scope and procedure of providing medical care to aliens applying for the refugee status, types of financial assistance, the scope and conditions of providing assistance to aliens applying for the refugee status, types of financial assistance, range and conditions of providing assistance to aliens in connection with their voluntary return to the country of origin or permanent residence. The ordinance shall take into account the necessity to meet indispensable subsistence needs of aliens applying for the refugee status.

 

Article 85g

 

1. The minister competent with respect to internal affairs, acting in consultation with the minister competent with respect to social security, shall specify, by way of an ordinance, the conditions of accommodation of unaccompanied minor aliens during the duration of proceedings for granting the refugee status, qualifications of the personnel executing such proceedings with respect to unaccompanied minor aliens and providing them with benefits referred to in Art. 40, sec. 1, the conditions in which administrative actions related to the proceedings for granting the refugee status with participation of unaccompanied minor aliens shall be taken, and the manners of examining the circumstances referred to in Art. 52a. bearing in mind the interest of the child and the need to provide unaccompanied minor aliens with appropriate conditions corresponding to the level of their psychophysical development.

2. The minister competent with respect to internal affairs acting in consultation with the minister competent with respect to matters of health shall define, by way of an ordinance, the procedure of dealing with aliens applying for the refugee status who are presumed to have become victims of crimes or violence or who are disabled, particularly taking into account the situation of women, as well as persons who have been tortured. The procedure specified in the ordinance shall, in particular, take into account the psychophysical state of the alien and, if it is required and possible, provide for the execution of the proceedings and performance of some actions in the course of the proceedings by a person of the same sex as the alien.

 

Article 86

Decisions granting and withdrawing the asylum protection in the Republic of Poland shall be issued by the Presidentafter having obtained the consents of the minister competent for foreign affairs.

 

Article 86a

 

1. The Council of Ministers, by means of an ordinance, shall each time render the decision on granting and providing temporary protection referred to in Art. 51a, sec. 1, and on principles of financing such protection, and shall define the limit of aliens who may be provided with temporary protection, the time limit and conditions of terminating such protection, the range of benefits offered to aliens who avail themselves of temporary protection in the territory of the Republic of Poland referred to in Art. 51b as well as the way of performing tasks being a part of that temporary protection, taking into account in particular the type of threat to which the aliens are exposed, the possibilities of financing the protection and commitments following from provisions of international treaties and agreements binding the Republic of Poland.

2. The Council of Ministers, by way of an ordinance, may entrust non-governmental organisations with the execution of tasks being a part of temporary protection. The ordinance shall specify, in particular, the range of tasks entrusted as well as the manners in which they shall be financed, the manner in which the execution of the tasks shall be supervised, the organisations entrusted with the tasks as well as time limits in which the tasks shall be performed.

 

Article 86b

 

1. The decision obliging an alien to leave the territory of the Republic of Poland shall be rendered by the commanding officer of the voivodovship Police, the commanding officer of the Border Guard unit or the Commanding Officer of the Border Guard Checkpoint Warszawa-Okęcie.

2. The decisions referred to in sec. 1 may be appealed against to the voivod.

 

Article 87

 

1. Decision on deportation of an alien shall be rendered, ex officio or at the request of the Minister of National Defence, the Head of the State Protection Office, the Commandant in Chief of the Border Guard, the Commandant in Chief of the Police, the commanding officer of the Boarder Guard Division or the commanding officer of the Voivodship (Province) Police Headquarters, by the voivod (province administrator) competent with regard to the place of residence of the alien or the place of disclosure of the event which constitutes basis to make request for the deportation of the alien.

2. Actions referred to in Art. 56 shall be performed by agencies requesting the deportation of the alien, and if the decision is rendered at the request of the Minister of National Defence, the President or ex officio by a voivod - the actions shall be performed by the competent commanding officer of the Voivodship (Province) Police Headquarters.

3. The obligation to escort an alien to the border or an airport or a seaport of the country to which he/she is deported shall be fulfilled by the commanding officer of the Voivodship (Province) Police Headquarters, competent with respect to the place of the sojourn of the alien.

 

Article 88

 

1. Detention referred to in Art. 58 shall be applied by the Police or the Border Guard.

2. The ruling placing an alien in a guarded centre or imposing arrest for the purpose of deportation shall be rendered at the request of the voivod, a Border Guard’s agency or the Police by the district court competent with respect to the seat of the agency submitting the request.

3. The ruling referred to in sec. 2 may be appealed against within the time limit of 7 days to the competent regional court. The court shall examine the complaint without delay.

4. The proceedings referred to in sec. 2 and 3 shall be executed in accordance with the provisions of the Penal Procedure Code.

 

5. If the reasons justifying the placement of an alien in a guarded centre or arrest for the purpose of deportation ceased to exist, the district court competent with respect to the alien’s placement shall render the ruling releasing the alien from a guarded centre or arrest.

 

6. The district court competent with respect to the placement of the alien shall supervise whether the measure of placing the alien in a guarded centre or arrest for the purpose of deportation is effected correctly.

 

 

Article 89

1. The guarded centres for aliens shall be established and closed, by means of an ordinance, by the minister competent with respect to internal affairs, who at the same defines the commanding officer of: the Voivodship (Province) Police Headquarters or the Border Guard assigned to supervise the centre.

2. Aliens arrested for the purpose of deportation shall be detained on the premises indicated,by means of an ordinance, by the minister competent with respect to internal affairs.

3. The minister competent with respect to internal affairsshall specify, by means of ordinance, the conditions the guarded centres and arrests for deportation should meet as well as the regulations of stay in such centres.

4. deleted

 

 

Article 90

1. The record, referred to in Art. 64 shall be run bythe President.

2. Entries and deletions in the register as well as extensions of the entry’s validity shall be made by the President ex officio or at request of:

1) the Commandant in Chief of the Police;

2) the Commandant in Chief of the Border Guard;

3) the Head of the State Protection Office;

4) the Minister of National Defence;

5) the minister competent with respect to the matters of public finance;

6) a voivod,

7) a consul.

2a. The President shall not be obliged by the request of agencies referred to in sec. 2. In the event of the President’s refusal to make entry in the record or delete from the record the data of the alien referred to in the request, the requesting agency may ask the minister competent with respect to internal affairs to settle the case.

3. In order to make an entry in the record:

1) the court that sentenced the alien for a crime referred to in Art. 13, sec. 1, para. 2 let. (a), shall notify the agency running the register and send a copy of the legally valid sentence;

2) the voivod who rendered decision on deportation shall notify the agency running the register and send a copy of the final decision on deportation.

4. All the agencies of government administration which possess information concerning the aliens referred to in Art. 13 sec. 1 are obliged to notify the President about that fact.

 

Article 91

1. The registers, referred to in Art. 67, sec. 1 paras 1 to 6, as well as the record referred to in Art. 67 sec. 1 para. 7 shall be run by the agencies rendering decisions in cases referred to in those provisions.

2. The record referred to in Art. 67 sec. 1, para. 8 shall be run by the Commandant in Chief of the Police.

3. The data entered in the record referred to in Art. 67 sec. 1 para. 8 shall be stored separately from records and registers of fingerprints taken for other purposes.

4. The record referred to in Art. 69 sec. 1 para. 9 shall be run by the commanding officers of Border Guard’s units.

5. The minister competent with respect to internal affairs shall specify, by means of an ordinance, the principles of combining the registers and records referred to in Art. 67 sec. 1 as well as the mode of making them available to competent agencies. The ordinance shall define, in particular, the events in which the registers and records may be combined, the agencies responsible for running registers and records in the event they are combined, conditions of making data available in the telecommunications system, the manner of applying for access to the data and the manner of documenting the fact of allowing access to the data.

 

Article 92

 

1. The decisions in matters referred to in Art. 68, sec. 2 and 3, shall be rendered by the competent commanding officer of the Border Guard checkpoint.

2. In the situation where the behaviour of an alien who has been denied entry into the territory of the Republic of Poland, gives a well-founded reason to suspect that he/she may cause a threat to security of international air or sea communication, the commanding officer of the competent Border Guard checkpoint shall assure, at the request of the authorised representative of the carrier and at the cost of the carrier, escorting the alien on board of an aircraft or a sea vessel. The costs of the escort shall in particular include the costs related to the flight.

3. The administrative fine referred to in Art. 68 sec. 6 shall be imposed upon the carrier by a voivod at the request of the commanding officer of the Border Guard checkpoint at which the alien was denied entry.

 

4. The decision referred to in sec. 1 may be appealed against to the President.

 

Article 93

1. The Minister competent with respect to internal affairs, acting in consultation with theminister competent with respect to foreign affairs, shall specify, by means of an ordinance, the detailed principles and procedures with reference to:

1) visas, invitations and visa-free residence,

2) residence permits for specified periods and permits to settle,

3) Polish travel documents for an alien and temporary Polish travel documents for an alien,

4) the refugee status,

5) the asylum,

6) the obligation to leave and the deportation of aliens from the territory of the Republic of Poland,

7) running registers of those aliens whose residence in the territory of the Republic of Poland is undesirable,

8) running the registers and records.

2. The minister competent with respect to internal affairs, acting in consultation with the minister competent with respect to foreign affairs shall specify by means of an ordinance:

1) the pattern of the visa, invitation, residence card, Polish travel document for an alien, the temporary Polish travel document for an alien, the temporary certificate of identity of an alien, the travel document provided for in the Geneva Convention and the applications for the issuance of such documents, their replacement or extension of validity,

2) the patterns of the registers of invitations, the record, and the registers referred to in Art. 67 sec. 1, paras. 1 to 6 and 8 to 10.

 

 

Article 94

1. The residence cards, Polish travel documents for aliens, temporary Polish travel documents for aliens, travel documents provided for in the Geneva Convention and temporary certificate of identity for aliens shall be issued only after the payment of fees due.

2. The minister competent with respect to internal affairs, acting in consultation with the minister competent with respect to the matters of public finance, shall define, by means of an ordinance, the amount of fees charged for the issuance of documents referred to in sec. 1, the procedure of paying them and the conditions and the scope of applying reductions of and exemptions from fees, the conditions of increasing the fees in the event of intentional loss or destruction of the document, the documents required to obtain the fee reductions and exemptions. The amount of the fee shall, in particular, take into account the unit costs of the document creation and issuance.

 

Article 95

1. The minister competent with respect to internal affairs shall specify, by means of an ordinance, the detailed conditions of inspections of the legality of the aliens’ residence in the territory of the Republic of Poland to be carried out by the President, Border Guard, the Police and the voivods indicating:

 

1) the manner of carrying out the inspections, specifying the circumstances in which they are to be carried out and the types of documents inspected,

2) the manner and scope of documenting the actions related to the inspection carried out.

 

 

Article 96

1. The minister competent with respect to foreign affairsacting in consultation withthe minister competent with respect to internal affairsshall specify, by means of an ordinance, the documents referred to in Art. 1, sec. 3, as well as the procedure and detailed principles of issuing visas to persons referred to in this provision, and the authorities competent to issue visas.

2. The minister competent with respect to foreign affairsacting in consultation withthe minister competent with respect to internal affairsmay, by means of an ordinance, exempt persons specified in Art. 1 sec. 3 from the obligation to obtain the visa.

 

Article 97 (deleted)

 

Article 98

1. The minister competent with respect to foreign affairs acting in consultation with the minister competent with respect to internal affairs may, by means of an ordinance, exempt citizens of one or more countries from the obligation to hold a visa upon entry into the territory of the Republic of Poland, and specify the duration of the residence of an alien as well as other necessary conditions defining his/her residence.

 

Article 99

The minister competent with respect to internal affairs, acting in consultation with the ministers concerned, may define, by means of ordinance, the conditions of crossing the border of the Republic of Poland and residing on its territory other than those provided for in this Act, which are applicable to aliens employed in international transportation, aliens arriving in the Republic of Poland for the purpose of executing specified professional activities, and also for soldiers and civil personnel of foreign countries’ armed forces.

 

Article 100 -deleted

 

Article 101

Art. 33 of the Law dated June 5, 1998 on Governmental Administration in a Voivodship (Journal of Laws No. 91, item 577, of 1999 No. 70, item 778 and of 2000 No. 12, item 136, No 22, item 268, No 48, item 550 and 552, No 62, item 718 and No 122, item 1321 and of 2001 No 5, item 43) shall not apply to the matters referred to in this Law.

 

Article 102

By March 31 of each year,the minister competent with respect to internal affairsshall provide the parliamentwith the information on the application of the Law with regard to the performance of obligations of the Republic of Poland under the Geneva Convention and the New York Protocol.

 

Chapter 13

Penal Provisions

Article 103

Whoever takes, for the purpose of appropriating, or appropriates an alien’s travel document, the residence card, the Polish travel document for an alien, the temporary Polish travel document for an alien, the temporary certificate of identity of an alien, or the document provided for in the Geneva Convention or uses such a document shall be liable to a fine, restriction of liberty or imprisonment for the period of up to 2 years.

 

Article 104

1. Whoever:

1) does not leave the territory of the Republic of Poland prior to the lapse of time limits referred to in Art. 8 and 21,

2) does not present documents and permits entitling him/her to the residence in the territory of the Republic of Poland upon the demand of appropriate agencies and does not present resources necessary to cover the costs of the sojourn,

3) breaches the orders or bans specified in the decision referred to in Art. 54, sec. 1,

4) does not leave the territory of the Republic of Poland within the time limit specified in the decision issued on the basis of Art. 22 or 24 sec. 1

shall be liable to a fine.

2. Decisions shall be made in accordance with the procedure applicable to petty offences.

The penal order issued in the course of proceedings by writ of payment shall be immediately enforceable.

 

Amendments in the regulations in force, transitional and final regulations

 

Art. 2

 

In the Act of February 15, 1962 on the Polish Citizenship (J. of L. of 2000 No 28, item 353) the following changes shall be introduced:

1) art. 12 shall be deleted;

2) in art. 16:

a) section 2 shall be changed to read:

 

"2. Persons residing in the territory of the Republic of Poland shall submit the applications for granting the Polish citizenship or permission for the renouncement of the Polish citizenship through the agency of the appropriate voivod, and persons residing abroad – through the agency of the consul.

b) after section 2, the sections 3 – 6 shall be added in the following reading:

" 3. Applications referred to in sec. 2 together with his/her own opinion, shall be sent by the voivod and the consul, with reservation of sec. 5, to the President of the Office for Repatriation and Aliens.

4. The President of the Office for Repatriation and Aliens shall send the applications referred to in sec. 2 to the Chancellery of the President of the Republic of Poland together with his/her opinion.

5. The voivod and the consul shall send the applications referred to in sec. 2 directly to the President’s Chancellery in any case shall the President decide so.

6. The voivod and the consul shall inform the President of the Office for Repatriation and Aliens about the sending of applications referred to in sec. 2 to the Chancellery of the President of the Republic of Poland in cases referred to in sec. 5.";

3) in art. 17:

 

a) in sec. 2 the word "head of poviat" ("starosta") shall be replaced with the word "voivod";

 

b) in sec. 3:

 

the words "and in art. 12 sec. 3 and 4" shall be deleted;

the word "head of poviat" ("starosta") shall be replaced with the word "voivod";

4) in art. 18 the designations sec. 1 and sec. 2 shall be deleted;

5) art. 18b shall be deleted;

6) after chapter 4, the chapter 4a shall be added in the following reading:

"Chapter 4a"

Records

Art. 18c. 1. The voivod and consul of the Republic of Poland run the records:

1) of applications for the acquisition of the Polish citizenship and of persons who have acquired the Polish citizenship,

2) of applications for granting the permission to the renouncement of the Polish citizenship and persons who have been divested of the Polish citizenship,

3) the declarations of choosing the citizenship of another country for the child.

2. The record referred to in sec. 1 para. 1 shall contain the following data: the date of submitting the application, the first name(s) and family name of the applicant, the first names and surnames of the parents, the date and place of birth, the place of residence, previously possessed citizenships other than Polish, the note on having submitted the evidence of having lost the foreign nationality, the first name(s) and surname of the child to which the application pertains, the note on the child over 16 having expressed his/her consent, the legal basis for the acquisition of the Polish citizenship and the date of its acquisition.

3. The record referred to in sec. 1 para. 2 shall contain the following data: the date of submitting the application, the first name(s) and family name of the person submitting the application, the first names and surnames of the parents, the date and place of birth, the place of residence, previously possessed citizenships other than Polish, the first name(s) and surname of the child to which the application pertains, the note on the child over 16 having expressed his/her consent, the note on foreign citizenship possessed or the promise of granting foreign citizenship, the legal basis for the acquisition of the Polish citizenship and the date of its acquisition.

 

4. The record referred to in sec. 1 para. 3 shall contain the following data: the date of submitting the declaration on choosing a foreign citizenship for the child, the first name(s) and surname of the child, the first names and surnames of the parents, the date and place of the child’s birth, the place of residence, the note on the foreign citizenship which has been chosen for the child.

 

Art. 18d. 1. In cases related to the Polish citizenship, the Chancellery of the President of the Republic of Poland shall send to the agencies referred to in art. 18c, sec.1 the copies of certificates concerning the data specified in art. 18c. sec. 2 and 3.

 

2. The Chancellery of the President of the Republic of Poland shall send to the President of the Office for Repatriation and Aliens the copies of decisions of the President of the Republic of Poland related to the cases concerning the Polish citizenship.

 

Art. 18e. 1. The President of the Office for Repatriation and Aliens runs the central register of data related to the acquisition and loss of the Polish citizenship on the basis of information obtained from the agencies authorized to conduct records in these cases and documents referred to in art. 18d.

2. The agencies authorized to conduct records referred to in art. 18c. sec. 1 shall send the data contained in those records to the President of the Office for Repatriation and Aliens immediately after the final settlement of the cases concerning the acquisition or loss of the Polish citizenship.

 

3. The register referred to in sec. 1 shall contain the data specified in art. 18c. sec. 2, 3 and 4.

 

Art. 18f. 1. The data contained in the records referred in art. 18c. and 18e. shall be protected by force of separate regulations and may be used in proceedings on the acquisition of the Polish citizenship, confirming the possession or loss of the Polish citizenship as well as for statistical purposes.

 

2. The data referred to in sec. 1 may not be made available to foreign agencies or institutions except for cases when the provisions of the law allow that.

 

Art. 18.g. 1. The minister competent for internal affairs acting in consultation with the minister competent with respect to foreign affairs shall specify by way of an ordinance:

 

1) the patterns of records referred to in art. 18c and 18d.,

2) the dates and manner of sending information to the central register of data regarding the acquisition and loss of the Polish citizenship.

 

2. The records referred to in art. 18c. and 18e. may be run in particular in information systems.".

 

Art. 3

 

In the Act of February 13, 1984 on the Functions of the Consuls of the Republic of Poland (J. of L. No 9 item 34, of 1997 No 114 item 739, of 1998 No 117 item 757, of 1999 No 52 item 532 and of 2000 No 120 item 1268) the following amendments shall be introduced:

 

1) Art 6 shall be changed to read:

 

„Art. 6. 1. The Minister competent with respect to foreign affairs, having notified the receiving state and when there are no objections on the part of that state, may entrust the head of the diplomatic mission or the consul of the third country with the function of the consul for the Republic of Poland.

 

2. The Minister competent with respect to foreign affairs, having notified the receiving state and when there are no objections on the part of that state, may entrust the head of the diplomatic mission or the consul of the Republic of Poland with the function of the consul for the third country.";

 

2) in art. 23 sec. 1 item 2 shall be amended to read:

 

„ 2) grants visas.".

 

Art. 4

 

In the Act of December 14, 1994 on Employment and the Counteraction against Unemployment (J. of L. of 2001 No 6 item 56) the following amendments shall be introduced:

 

1) in art 1 sec. 2 para. 2, the words „the permanent residence card" shall be replaced with the words „the permit to settle";

 

2) art. 50 sec. 1 shall read as follows:

 

„1. The employer may employ or entrust with other gainful work within the territory of the Republic of Poland an alien who does not possess a permit to settle or a refugee status provided that the head of poviat in which the employer’s seat is located agrees to that and the alien has obtained the visa for the purpose of employment or undertaking other paid work or the permit to reside within the territory of the Republic of Poland for a specified period and the permit for employment or doing other gainful work for that employer.";

 

3) in art. 64 sec. 2, the words „residence cards" shall be replaced with the words „permits to settle".

 

Art. 5

 

In the Act of August 29, 1997 - Tax Regulations (J. of L. No 137 item 96 and No 160 item 1083, of 1998 No 106 item 668, of 1999 No 11 item 95 and No 92 item 1062 and of 2000 No 94 item 1037, No 116 item 1216, No 120 item 1268 and No 122 item 1315) in art. 298 after para. 6, the paragraph 6a shall be added in the following reading:

 

„6a) the voivod and the President of the Office for Repatriation and Aliens - within the scope of conducted proceedings related to the legalization of the aliens’ residence within the territory of the Republic of Poland.".

 

Art. 6

 

In the Act of September 4, 1997 on the Departments of GovernmentalAdministration (J. of L. No 82 item 928, of 2000 No 122 item 136 , No 43 item 489, No 48 item 550, No 62 item718, No 70 item 816, No 73 item 852, No 109 item 1158, No 122 item 1314 and of 2001 No 2 item 18 and No 5 item 43 and 44) in art. 29 in sec. 4, the words „the State Fire Service and the Country’s Civil Defence" shall be replaced with the words „the State Fire Service, the Country’s Civil Defence and the President of the Office for the Repatriation and Aliens".

 

Art. 7

 

In The Act of November 9, 2000 on Repatriation (J. of L. No 106 item 1118) the following amendments shall be introduced:

 

1) the words „repatriation visa" used in different cases in art. 1 sec. 2, art. 4, art. 9 sec. 1 and 2, art. 10, art. 11, art. 12 sec. 1, art. 13, art. 14 sec. 1, art. 17 sec. 9, art. 18 sec. 1, art. 30 sec. 1 and 2, art. 31 sec. 1, art. 32 para. 1 and art. 33 para. 1 of the Act shall be replaced with the words „the visa for the purpose of repatriation" used in appropriate cases;

 

2) in art. 12 sec. 2 para. 2 the words „physical persons" shall be replaced with the words „Polish citizen" and after the words „the legal person or organizational unit without legal personality", the words „with the seat within the territory of the Republic of Poland" shall be added;

 

3) the words „residence permits" used in the chapter’s title shall be replaced with the words „residence permits for a specified period";

 

4) in art. 14 sec.1 after the words „in cases", there shall be added words „for the recognition of somebody as a Polish citizen and in cases";

 

5) in art. 15 sec. 2, the word „repatriate" shall be replaced with the word „applicant";

 

6) the words „minister for internal affairs" used in different cases in art. 15 sec. 4, art. 17 sec. 5, art. 29 sec. 3, art. 30 sec. 1 and art. 33 of the Act shall be replaced with the words „the President of the Office for Repatriation and Aliens" used in appropriate cases;

 

7) in art. 21:

 

a) in sec. 1, the second sentence is amended to read:

 

„The grant for a designated purpose shall be equal to the product of multiplying 45 sq m of usable area by the price of 1 sq m of a usable area in a housing building as determined by the President of the Office for Housing and Cities’ Development pursuant to the regulations on the state’s assistance in the repayment of certain housing credits, the refunding of guarantee premiums paid to the banks.",

 

b) in sec. 2, the word „assured" shall be replaced with the word „committed to assure";

 

8) art. 22 shall be amended to read:

 

„Art. 22. 1. The commune may render assistance to a repatriate in the form of paying the costs of a renovation or adaptation of living quarters in the place of settlement within the territory of the Republic of Poland.

 

2. The assistance referred to in sec. 1 may not exceed the amount equal to the product of multiplying 200% of average monthly wages by the number of members of the repatriate’s closest family.

 

3. The commune’s tasks as specified in sec. 1 shall belong to the scope of governmental administration tasks.";

 

9) Art. 37 shall be amended to read"

 

„Art. 37. 1. Financial resources for the implementation of purpose tasks as specified in the Act to be financed from the state budget shall come from the purpose reserve of the state budget.

 

2. The minister competent for public finances acting in consultation with the minister for internal affairs shall assign the resources from the purpose reserve for the implementation of tasks referred to in sec. 1.";

 

10) in art. 38, item 1 shall be amended to read:

 

1) the division of the purpose reserve of the state’s budget,";

 

11) art. 42 shall be deleted.

 

Art. 8

 

1. The Prime Minister, at the request of the Minister of Internal Affairs, within 14 days from the date of the Act’s publication shall appoint a Plenipotentiary for Issues Related to the Organization of the Office for Repatriation and Aliens, hereinafter referred to as the „Plenipotentiary".

 

2. The minister of interior affairs shall supervise the activity of the Plenipotentiary and provide him/her with substantial, organisational, legal, technical and secretarial services.

 

3. The Plenipotentiary shall perform his/her function until the President is appointed.

 

4. In the event the President is not appointed by July 1, 2001, the Plenipotentiary shall perform the tasks of the President as specified in the Act except for powers resulting from art. 68b sec. 3 of the Aliens Act of June 25, 1997.

 

5. The office of the Governmental Plenipotentiary for the Repatriation shall be abolished.

 

Art. 9

 

1. By June 15, 2001, the Plenipotentiary shall present employment conditions to the employees of the Department for the Migration and Refugees Affairs and the Citizenship Department of the Ministry of Internal Affairs and Administration and the Central Reception Office for Refugees employed in organisational units which until the day of the Act coming in force assure the performance of tasks referred to in art. 68a of the Aliens Act of June 25, 1997.

2. Employment conditions presented to the personnel referred to in sec. 1 shall retain existing rights and duties of parties to an employment relationship and existing, or higher, remuneration and position taking into account existing experience and qualifications of the personnel.

3. The employees referred to in sec. 1 shall become the employees of the Office since July 1, 2001.

4. Until August 1, 2001, employees referred to in sec. 3 may, without prior notice of termination notifying about their decision 7 days in advance, terminate their employment relationship. The termination of the employment relationship in this mode shall have for the employee the same consequence as the termination of the employment relationship by the employer with the notice of termination.

5. Up to June 15, 2001, the Plenipotentiary may present proposals of employment in the Office also to the employees of the Ministry of Internal Affairs and Administration other than those referred to in sec. 1. The provision of sec. 2 shall apply mutatis mutandis.

6. On July 1, 2001,T the employees referred to in sec. 5 shall become, the employees of the Office if within two weeks from the date of having been presented with the employment proposal they accept the conditions of work and pay proposed to them.

7. Up to the date of appointing, by means of competition, the General Director of the Office, the Director’s duties shall be performed by the person appointed by the Head of Civil Service, after consultation with the President of the Office, from among members of the civil service corps.

8. Up to the date of appointing, by means of competition, the personnel for the higher positions in the Office referred to in Art. 41, sec. 1, para. 2 of the Act of December 18, 1998 on Civil Service (J. of L. of 1999, No 49 item 483, No 70 item 778 and No 110 item 1255), the duties related to those positions shall be performed by the members of civil service corps who have special experience and professional qualifications related to those positions with reservation of sec. 9.

9. The persons referred to in sec. 1 employed on June 30, 2001 in positions listed in art. 41 sec. 1 para. 2 of the Act of December 18, 1998 on Civil Service shall occupy those positions in appropriate organisational units of the Office.

10. The organisational units as referred to in sec. 9 shall refer to the departments, offices and other equivalent units assuring the implementation of tasks and execution of powers which on July 1, 2001 shall be overtaken in whole by the Office.

Art. 10

Officers of the Border Guard and Police may be appointed to work in the Office for Repatriation and Aliens according to the principles set forth in separate provisions.

Art. 11

1. The property, including immovable and movable property, used to perform tasks and exercise authority specified in Art. 68c of the Aliens Act of June 25, 1997 and managed and used, on permanent basis, by the Ministry of Internal Affairs and Administration as from the date of July 1, 2001 shall be assigned to the Office, free of charge, by virtue of the law, for its permanent management and use.

2. The Prime Minister shall define, by means of an order, the assignment for the Office of the property referred to in sec. 1 which is managed and used, on permanent basis, by the Ministry of Internal Affairs and Administration.

3. The minister competent for internal affairs shall have the right to assign to the Office, for its permanent management or use and free of charge particular constituents of the property other than specified in sec. 2.

 

Art. 12

 

1. The documents and permits issued on the basis of existing regulations shall remain in force within the period they were issued for.

2. The travel documents issued to aliens before the date the Act comes in force shall be replaced with the Polish travel documents for aliens within the time limit of 24 months from the date the Act comes in force.

3. The travel documents provided for in the Geneva Convention issued before the Act comes in force shall be replaced with the documents of the new pattern provided for in the Geneva Convention within the time limit of 24 months from the date the Act comes in force.

4. The documents referred to in sec. 2 and 3 may be issued on the forms of the previous pattern within 12 months (but no longer) from the date the Act comes in force.

5. Data of aliens collected in the record on the basis of existing regulations shall be kept throughout the period for which they were recorded there unless they are in conflict with this Act.

 

Art. 13

Whenever the regulations in force refer to persons holding temporary residence card or permanent residence card, they shall be regarded as persons who have been granted the relevant residence permit for a specified period or the permit to settle.

 

Art. 14

 

1. The administration proceedings initiated before the date this Act comes in force on the basis of the Aliens Act of June 25, 1997 (J. of L. No. 114, item 739, of 1998 No. 106, item 668 , and No. 162, item 1126 and of 2000 No 106 item 1118) and not completed by that date shall be executed according to the regulations of the present Act with the reservation that the powers of the minister competent with respect to internal affairs shall be transferred onto the President.

2. In case of taking over a proceeding, the President shall notify of it the parties in the proceedings within the time limit of 60 days from the date the Act comes in force.

 

 

Art. 15

 

1. Administration proceedings initiated before the date this Act comes in force on the basis of the of February 15, 1962 on Polish Citizenship (J. of L. of 2000 No 28 item 353) and not completed by that date shall be executed according to the regulations of the present Act with the reservation that the powers of the head of poviat (starosta) shall be transferred onto the voivod and the powers of the minister competent with respect to internal affairs shall be transferred onto the President of the Office for Repatriation and Aliens.

2. The heads of poviat (starosts) shall turn over to the appropriate voivods the proceedings initiated and not completed as referred to in sec. 1 within the time limit of 30 days from the date this Act comes in force upon notifying the parties of the proceedings.

3. The minister competent with respect to internal affairs shall turn over the proceedings initiated and not completed as referred to in sec. 1 to the President of the Office for Repatriation and Aliens within the time limit of 30 days from the date the Act comes in force upon notifying the parties of the proceedings.

Art. 16

 

Up to the date the executory provisions provided for in the Act are issued, however not longer than throughout the period of 1 year, the existing executory provisions issued on the basis of the Aliens Act of June 25, 1997 (J. of L. No. 114 item 739, of 1998 No 106 item 668 and No 162 item 1126 and of 2000 No 106 item 1118) shall remain in force unless they are in conflict with the present Act.

 

Art. 17

 

Documents issued to aliens pursuant to the Aliens Act of June 25, 1997 (J. of L. No 114 item 739, of 1998 No 106 item 668 and No 162 item 1126 and of 2000 No 106 item 1118) shall be replaced free of charge with the documents issued pursuant to the present Act.

 

Art. 18

 

1. The Commander in Chief of the Border Guard shall turn over to the President by October 1, 2001 the data assembled in the record referred to in art. 64 of the Aliens Act of June 25, 1997.

 

2. Until the day the data referred to in sec. 1 are transferred, the Commander in Chief of the Border Guard shall perform the tasks of the President as specified in art. 90 of the Aliens Act of June 25, 1997. At this time, the President is entitled to submit requests for entering of the data into the record or deleting the data from it.

3. By 31 December 2002, the minister competent for internal affairs shall create the National Data Communication System.

 

Art. 19

The Speaker of the Lower House of the Polish Parliament shall publish in the Journal of Laws of the Republic of Poland the uniform document of the Aliens Act dated June 25, 1997 taking into account the amendments arising from provisions promulgated before the date of publishing the uniform document.

 

Art. 20

The Act shall come in force on the day of July 1, 2001 with the reservation that:

1) art. 2 para, art. 3, art. 8 and 9 shall come in force after the lapse of 14 days from the date of publication,

2) art. 11 sec. 2 shall come in force after the lapse of 30 days from the date of publication.