VZCZCXRO6872
RR RUEHAG RUEHAST RUEHDA RUEHDBU RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA
RUEHLN RUEHLZ RUEHPOD RUEHROV RUEHSR RUEHVK RUEHYG
DE RUEHWR #2272/01 3311535
ZNR UUUUU ZZH
R 271535Z NOV 07
FM AMEMBASSY WARSAW
TO RUEHC/SECSTATE WASHDC 5539
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE

UNCLAS SECTION 01 OF 03 WARSAW 002272 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PHUM PREL PREF PL
SUBJECT: ASYLUM SEEKERS IN POLAND- PART 1: THE BASICS 
 
------------ 
Summary: 
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¶1.  (U) Poland,s accession to the Schengen area, permitting 
open travel within much of Europe, and its geographical 
location on the Eastern border of the European Union, have 
had a large influence on the number of Eastern Europeans 
(especially Chechens) seeking asylum in Poland.  As the 
number of asylum seekers increases, the GOP works hard to 
streamline the application process, as well as to adjust its 
assistance programs and facilities to better respond to the 
needs of asylum seekers.  This is Part I of a two-part cable 
pertaining to refugees.  Part I provides a basic overview of 
the refugee situation in Poland, including statistics, a 
description of the application process and  forms of 
assistance.  Part II will further explain Poland's policy and 
expected legislation in regards to asylum seekers. The 
reports are based on information compiled from meetings with 
UNHCR representatives, the Ministry of Interior,s Office for 
Foreigners (OFF) briefings, discussions with NGOs covering 
refugee assistance as well as field visits to asylum centers. 
---------------- 
The Process 
---------------- 
¶2. (U) The Ministry of Interior,s Office for Foreigners 
(OFF) is responsible for overseeing and coordinating 
Poland,s asylum request procedure.  Asylum seekers 
interested in applying for refugee status have to fill out an 
application and submit it to OFF, which has six months to 
issue a decision. The decision may be appealed through the 
Council for Refugees. During the status request procedure or 
appeal, foreigners are entitled to assistance from the state 
while awaiting decision, including accommodation and meals in 
the centers or outside (in the case of medical and family 
exceptions), as well as medical care. 
 
¶3.  (U) Most first time applicants (80.5%) apply at the 
border, specifically near the Terespol border crossing, while 
returning applicants reapply in Warsaw (92%). Terespol, one 
of the busiest border crossings between Ukraine and Poland, 
is known as the entry point for those arriving from Russia. 
Chechens in particular find this entry point into the EU 
logistically convenient, since most of them travel through 
Moscow by direct train to Terespol. The border crossing at 
Terespol has an established process of handling these cases 
and provides asylum seekers with appropriate information on 
how to apply for status and report to the central refugee 
reception center. 
 
------------------------------------- 
Refugee vs. Tolerated Status 
------------------------------------- 
¶4.  (U) The OFF may either grant refugee status to the 
applicant or give permission for a "tolerated stay."  Refugee 
status is granted to persons who meet the criteria of the 
1951 Geneva Conventions on the Status of Refugees and its 
1967 Protocol. Those granted refugee status receive an 
international passport allowing them to leave Poland, and are 
entitled to assistance programs. The assistance programs 
include social benefits as well as an adaptation program that 
provides additional funding and assistance for immersion into 
Polish society such as language training and help with job 
search. Persons who are refused refugee status may be granted 
a status of "tolerated stay," which is similar to a residence 
permit allowing applicants to remain and work in Poland. 
People with tolerated status are not eligible for state 
assistance, therefore many tend to reject the tolerated 
status and resubmit their application for refugee status. 
 
----------------------------------- 
The Numbers and Statistics 
----------------------------------- 
¶5.  (U) Although the main country of origin of refugees is 
the Russian Federation, and more specifically, Chechnya, 
there a handful of asylum seekers from Belarus, Ukraine and 
Pakistan. In the first nine months of 2007, 5,201 persons 
applied for refugee status, out of which 2,991 were first 
time applicants and the remainder reapplying for status. The 
2007 numbers are comparable to 2006. During this period, 148 
persons were granted refugee status and 2,300 were given 
permission for tolerated stay. 
 
¶6. (U) Most re-applicants are asylum seekers who were already 
granted a permit for tolerated stay. The percentage of those 
reapplying has continued to increase, jumping from 2% in 
2004, to 24% in 2005 and to 46% in 2006.  Based on current 
Polish law, a person granted tolerated status must vacate the 
refugee center and no longer has access to state assistance. 
If an applicant appeals the decision and reapplies for 
refugee status, his or her state assistance and accommodation 
at the reception center continue.  It may take up to another 
six months for the case to be reconsidered and there is no 
limit to how many times an individual is allowed to reapply, 
 
WARSAW 00002272  002 OF 003 
 
 
suggesting that the majority of re-applicants are motivated 
to prolong their stay in reception centers and other related 
social programs. 
 
--------------------------------------------- ----- 
Reception Centers for Asylum Seekers 
--------------------------------------------- ----- 
 
¶7. (U) The OOF currently runs 17 reception centers that 
accommodate asylum seekers. The majority of these centers are 
located in central and eastern Poland, with the main center 
in Debak, near Warsaw. Three of the centers are owned by the 
Office for Aliens and the remaining 14 are rented. 
 
¶8.  (U) Newcomers seeking asylum at the border are given 
information about the main center in Debak, where they are 
directed to for processing and assistance. Once in Debak, 
they submit the formal paperwork for asylum, and applicants 
undergo medical exams and counseling. They also become 
eligible for social assistance, including:  accommodation, 
food, medical and legal services, clothing, pocket money and 
for public transports. The center has a capacity of 300 
people, and provides access to cooking facilities, TV rooms, 
playgrounds and places of worship for its residents.  At the 
center, asylum seekers also have the opportunity to enroll in 
Polish language classes and have access to a computer center 
and its resources. The center continues to be at full 
capacity, with recently as many as 100 new arrivals a day. 
 
¶9. (U) After the in-processing period, which in general lasts 
a week, people are reassigned to one of the remaining 16 
centers where they continue their wait for a decision on 
their asylum request.  As of mid-October, 4,223 asylum 
seekers (up from 3,250 during the same period last year) were 
being housed in the reception centers. Most of these centers 
are former workers hotels, or have a dorm style set-up with a 
shared bathroom and kitchen facilities.  Each center also has 
a language teacher, medical doctor and a counselor available 
to assist the residents; however, maintaining such a staff in 
the centers seems to be a continuing challenge. In Polish 
reception centers on average, there is one social worker for 
every 200 people, whereas in most EU countries the ratio is 
one to 50. 
 
¶10. (U) Overall, the GOP spends 30 PLN per day per person for 
its reception center population, excluding medical care. 
Medical care for asylum seekers is costly for the GOP, since 
many of the asylum seekers are either victims of trauma or 
violence, and had limited or no access to medical care prior 
to arriving in Poland.  The GOP spends twice as much money on 
medical care per asylum seeker as it does per Polish citizen. 
 
¶11. (U)  An asylum seeker who is not able to reside in the 
center for some specific reason can apply for funding to 
cover his or her daily living expenses outside the center. 
Currently, 733 asylum seekers live outside the centers while 
financially supported by Polish authorities.  In this case, a 
single person receives 25 PLN per day and a family of three 
60 PLN per day. 
 
-------------------------------------------- 
A Destination or a Transit Country 
-------------------------------------------- 
¶12.  (U) Polish officials are aware that the majority of 
people requesting refugee status consider their stay in 
Poland temporary and that they hope later to proceed to a 
richer EU state, with higher social and integration 
assistance.  Low pay, few job opportunities and lack of 
affordable housing represent additional challenges asylum 
seekers face in Poland, making neighboring countries more 
attractive. 
 
¶13. (U) For many asylum seekers Poland is the entry point 
into the EU.  However, many asylum seekers with the intention 
of going further west run afoul of the new Dublin II 
Regulation, which establishes the criteria for the asylum 
process and prevents "asylum shopping" by ensuring only one 
EU state will adjudicate any given application.  Dublin II 
permits the return of asylum seekers to the country of "first 
application," namely Poland in the case of those who move on 
from here.  Since Poland is the eastern border of the EU, it 
is the original recipient of many of the asylum seekers from 
the East and is responsible for the majority of those whose 
initial stop was Poland. Many who go on to other countries 
are therefore returned to Poland, so called "Dublin-II-ed," 
when seeking asylum in a second country.  Only in exceptional 
cases will a second country be responsible for processing the 
asylum seeker and not return them to Poland.  In 2006, a 
total of 682 aliens were returned to Poland, mainly from 
Belgium, France Austria, the Czech Republic and Slovakia. 
This year, as of October tenth, 1,057 new requests for the 
return of asylum seekers have been submitted by other EU 
Member states to Poland. 
 
WARSAW 00002272  003 OF 003 
 
 
 
¶14.  (U) Some asylum seekers do decide to return to their 
home country by taking advantage of the voluntary return 
program implemented by Polish authorities in cooperation with 
the International Organization for Migration (IOM).  The 
program ensures the travel of those who wish to return to 
their places of residence and provides support for their 
reintegration. The interest in the program is growing. Within 
the last two years, approximately 500 foreigners, mainly 
large families and the elderly have taken up the opportunity. 
 
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Comment 
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¶15. (U) "Is anyone left at home?"-asked a Chechen woman 
during our recent visit to the reception center in Debak. 
The number of refugees searching for a better life--an hoping 
to move on once Poland's joins Schengen--continues to rise, 
while the GOP works hard to provide appropriate assistance to 
those in need.  To handle the increased flow of arrivals, OOF 
will be shortly opening an additional center. There is 
legislation pending that would provide additional assistance 
and access to integration programs for all.  The fact that 
Poland is due to join the Schengen zone as of December 21, 
2007 has sparked a discussion amongst refugee experts on how 
it will influence asylum seekers and migration patterns. The 
rumor of stricter entry laws into Poland after December is 
quickly spreading, which could explain the sudden increase of 
asylum seekers in recent months. Part 2 of this cable will 
further explain Poland,s policy and expected changes and 
legislation to better deal with the new phenomena of asylum 
seekers.  End Comment. 
HILLAS