The government temporarily restricts the right to asylum on the border with Belarus — the regulation enters into force immediately, creating controversy and allegations of human rights violations. Authorities argue that this is simply a key component in the fight against illegal migration and hybrid aggression.
The government adopted a regulation on the temporary regulation of the right to apply for global protection; the regulation was published in the authoritative diary of the Laws on Thursday and has been in force since the date of publication.
As the Prime Minister's office stated in the Communication, the government adopted a regulation in circulation.
Head of the Ministry of abroad Affairs Tomasz Siemoniak reported on X that the Regulation of the Council of Ministers has been in force since midnight on 27 March 2025 and introduces "a temporary limitation of the right to apply for global protection at the state border with Belarus".
The limitation of the right to asylum will apply for 60 days. The duration of the regulation may be extended to a further period - no longer than 60 - after the Sejm has given its consent. The Border defender will, despite restrictions, accept applications for global protection from unaccompanied minors, pregnant women, persons who may require peculiar treatment, especially due to their age or condition.
The limitation will besides not apply to a individual if the Border Guard's assessment includes circumstances that "clearly show that it is at hazard of suffering serious harm in the country from which it came directly" to Poland.
The regulation follows the alleged asylum law that the government adopted in December 2024. The Act aims to counter the phenomenon of migration being exploited by Belarus, which, in cooperation with Russia and global criminal groups, organises the migration of migrants to the European Union.
"All legislative actions were carried out immediately after the president signed the bill yesterday. The regulation gives 1 of the key tools to border guards to fight illegal migration, which is part of hybrid aggression against Poland and to fight global crime. We are working for the safety of our border!" - emphasised Siemoniak.
On Wednesday evening Prime Minister Donald Tusk informed on X that the government would adopt a regulation suspending the right to apply for asylum as he had announced - "without delay".
The Prime Minister's office stressed in the communication that the solution adopted was to prevent the destabilisation of the interior situation in Poland.
"For respective years, Belarus has been moving an organized operation aimed at disrupting public order in our country, but besides in another EU countries. The consequence of this operation is simply a sharp increase in the number of illegal crossings of the Polish-Belarusian border" - indicated the law firm.
The Communication stresses that foreigners (mainly from Afghanistan, Syria and Sub-Saharan Africa) brought by the Belarusian route, for whom Poland has never been a destination/transit country, are thoroughly instructed on how to abuse the procedure of entry into Poland and the EU (e.g. the procedure of applying for global protection).
In March 2025 there was a sharp increase in the number of attempts to illegally cross the Polish-Belarusian border. From 1 January to 20 March there were more than 2.2 1000 specified attempts, of which in March it was nearly 1.4 1000 cases.
On the basis of the decision to adopt the regulation, the Council of Ministers stated that in the coming months a further, crucial increase in attempts to cross the Polish border is likely. "There is inactive aggressive and planned behaviour from foreigners who pose a hazard to the lives and wellness of Polish officers and soldiers" - she added.
The Regulation implements the statutory authorisation contained in the Act on granting protection to foreigners in the territory of the Republic of Poland. According to its record, the Council of Ministers may, on a proposal from the Minister liable for Home Affairs, impose a temporary regulation on the right to apply for global protection, extend it or abolish it.
Its introduction should take into account the "need to prevent interior destabilisation" in the country and aim at "a possible minimum limitation of the rights of foreigners wishing to apply for global protection".
According to the Act, the regulation is temporary and its duration may not exceed 60 days once. The limitation period may be extended for a specified period of time, not more than 60 days, after the Sejm has given its consent. The Regulation is besides intended to specify the section of the border at which the regulation is applied. General rules will apply at the external border not covered by the Regulation.
Social organisations active in assisting refugees were opposed to the provisions providing for temporary territorial restrictions on asylum rights. Last week, they sent an appeal to president Andrzej Duda to veto the amendment of the Act on this matter.
In the assessment of the organisation, the fresh rules are besides incompatible with the Constitution of the Republic of Poland, and in peculiar Article 56(2) guaranteeing foreigners the anticipation of applying for exile position and with global obligations specified as the 1951 Convention on the position of Refugees.
Social organisations have pointed out that the form of the amendment raises serious doubts which, at the phase of parliamentary work, the National Chamber of Legal Advisers, the Chief Bar Association, the Ombudsman, the Ombudsman, the Parliament's Legislative Office or the Senate's Legislative Office have expressed.(PAP)
