Poland temporarily restricts the right to asylum at border with Belarus

Polish Interior Minister Tomasz Siemoniak said that the country temporarily limits the right to asylum on the border with Belarus. He wrote about it on the social network X, BelTA reports.

"The resolution of the Council of Ministers of March 27, 2025, which introduced a temporary restriction on the right to apply for international protection at the state border with Belarus came into force," he wrote.

The period of restriction is 60 days. If necessary, the suspension may be extended with the consent of the Sejm of the Republic of Poland.

As Polish media wrote, Polish President Andrzej Duda on March 26 signed amendments to the law on granting protection to foreigners on Polish territory, which provides country with the possibility to temporarily and territorially suspend the right to asylum. On March 25, Polish Prime Minister Donald Tusk asked the president to sign the asylum bill at a government meeting.

According to the amendment, restrictions on the right to apply for international protection may be imposed by a decree of the Council of Ministers at the request of the Minister of Interior and Administration. The restriction of the right to asylum, according to the law, will be temporary and the duration of the restriction cannot exceed 60 days. This period may be extended, but not for more than 60 days, with the consent of the Sejm. The regulation must also define the section of the border where the restriction applies to.

According to the Polish government, this step is intended to help prevent destabilization of the situation in Poland and the EU. However, the signing of the amendments is negatively assessed in legal circles and among human rights activists. They emphasize that the provisions of the law do not comply with the Constitution of the Republic of Poland, EU law and international law.

Marcin Wenczek, the Commissioner for Human Rights in Poland, pointed out that the asylum law "does not comply with the Constitution and international standards binding on Poland." "I expressed this in the legal opinions I presented to the Sejm and also to the president. I believe that this act should not enter into force in this form, as it raises numerous constitutional objections," he said. The ombudsman noted that the bill would apply in cases where the state authorities have not declared a state of emergency, and restrictions on freedoms and human rights are possible only after martial law or a state of emergency. He emphasized that the constitution does not allow for the creation of a quasi-emergency state, i.e. an intermediate state.

Non-governmental organizations have also spoken out against the law. "The law is absolutely inconsistent with the provisions of the Constitution, both with regard to the right to international protection and the principles of limiting constitutional rights and freedoms in general," said Marcin Sosniak, coordinator of the Migration Unit at the Helsinki Foundation for Human Rights. According to the organization, the document also does not comply with the EU legislation.

In turn, representatives of the UN High Commissioner's for Refugees representatives expressed concern that the bill "provides for the denial of access to the territory for certain persons seeking international protection without prior examination of their needs for international protection", which would be contrary to the 1951 Geneva Convention relating to the Status of Refugees. It was noted, however, that the definition of the situation justifying the application of such restrictions contained in the bill "is broad and open to interpretation, which could lead to the application of measures inconsistent with Poland's obligations under international law".

Doctors Without Borders (MSF) emphasized that "the suspension will have predictable, dramatic consequences for people seeking safety in Europe." Amnesty International warned that "imposing such a rule would harm people seeking safety."

The High Council of Advocates said the decisions proposed in the draft "clearly contradict national and international law, including the EU law".

The draft amendments were adopted by the Sejm on February 21, 2025, with an overwhelming majority of 386 votes, and voted by the Senate on March 13, with 72 senators in favor. These amendments are part of the Polish government's migration strategy approved in October 2024.