1. Non-refoulement and asylum procedures at the border The role of Border Guard in ensuring unhindered access to asylum procedures MAJ IWONA PRZYBYŁOWICZ ALIENS DEPARTMENT BORDER GUARD HEADQUARTERS

2. Authorities responsible for asylum proceedings  Border Guard units  responsible for receiving asylum applications  Office for Foreigners  responsible for conducting asylum procedure (first instance)  Refugee Board  responsible for conducting asylum procedure (second instance)

3. Just a few words about the tasks of Border Guard concerning receiving asylum applications at the border…

4. Legal act  Act of 13 June 2003 on granting protection to foreigners on the territory of the Republic of Poland  Amendment of 10 September 2015 (implementation of EU directives)

5. Receiving applications for international protection (doesn’t matter where…) Border Guard has to:  verify the identity of the asylum seeker  make a photo and fingerprint the asylum seeker  verify the documents of the asylum seeker  ensure the interpreter by receiving the application  inform the asylum seeker on rules in the procedure of granting international protection in Poland  inform on rules of ensuring legal aid free of charge  inform where the reception centre is located (obligation to be registered there within 2 days)  Issue the temporal certificate for identity  ensure the medical examination  ensure transporting to the reception centre if the asylum seeker is: disabled or elder person, single parent or pregnant woman

6. The asylum seeker may be apprehended (and then detained) only if it is necessary:  to verify his / her identity  to gather information needed for the procedurę and it wouldn’t be possible without the asylum seeker if there is a risk of absconding  to issue or to execute the return decision and it is very probably that the foreigner claimed for asylum just to disturb the return procedure  because of security reasons  to organise the transfer to the other Member State responsible for his / her asylum procedure (Dublin III)  Apart from: disabled persons, unaccompanied minors, persons probably persecuted, persons whose state of health does not allow to be detained

7. Access to written information (translated!)  Written information on rules in procedure of granting international protection in Poland  Written information for the spouse of the foreigner applying for asylum on the possibility for forwarding a separate application  Written information on fingerprinting (and rules of so called Dublin III)

8. And the question at the border is…  Is he/she seeking for international protection?  Is he/she in need of protection?  But not… Should he / she be granted international protection?

9. Non-refoulement  Non-refoulement prohibits from directly or indirectly returning a refugee to a country where he/she faces a threat to life or freedom  Asylum seekers at the border should be granted admission and access to asylum procedure in order to avoid possible breach of the principle of non-refoulement

10. But now, during increased flows of persons attempting to cross the border…  It is difficult to strike a balance between:  maintaining a high level of security at the border  and providing assistance to those who are in need of protection

11. At the border check point  Border control – „first line” – checking the documents  Border control – „second line” – further checking, communication with the person  asking questions  observing the person Asylum application or refusal of entry

12. At the „green border”  After having crossed the „green border” = already within the territory  Apprehension and hearing the illegal migrant Asylum application or starting with readmission / return procedure

13. Is he/she seeking for international protection?  Important role of questions asked by border guards…  Where are you going? Do you have someone in this country?  Do you know that a visa is required? Why don’t you have a visa?  Why have you left your country?  What has happened?  Refusal of entry or admission and receipt of asylum application?

14. Border check point in Terespol (Polish-Belarusian border)  Local train Brest (Belarus) – Terespol (Poland)  Every morning 100-150 migrants with passport, without visa  Some of them are coming for over a dozen times  Expressed reasons:  wish to work, wish to visit friends…  talking about his / her political or military activities (or activities of the family members)…  Nobody claims axactly for „asylum”

15. Border Guard officers  It is not easy for border guards to take the right decision  They should be good at hearing…  They should be trained…  They should have instructions (from the HQs)…  They should be monitored (supervised)…  Otherwise the decision will be left to their personal discretion

16. How to strike this balance…  Expressed reasons indicating that the person is seeking for international protection:  fear to go back to the country of origin (because of threat to his / her life or freedom)  talking about the own political, military or religious activities (or activities of the family members)  difficult or almost impossible contact with the migrant (possibility of traumatic experiences)  the fact of coming from the country which was assessed by UNHCR as a country with „suspended returnes”  The appearance of the person should not be valid except such cases where the appearance would extremely indicate that the person is probably in need of help.  The exact word „asylum” is not the key to international protection

17. Trainings  Trainings in asylum proceedings (organised by the Border Guard training centre)  Trainings in approach to foreigners / asylum seekers (organised by the Border Guard training centre and by NGOs)

18. Supervision!  Memorandum of Understanding between Commander- in-Chief of Border Guard and Regional Representative of UNHCR  Discussing questions (problems) as they arise  Organising visits in border check points in order to monitor access to asylum (but participating in border control not allowed!)  Internal monitoring done by Border Guard HQs (visits)  Written instructions issued and sent by Border Guard HQs (regarding rules resulting from the legal acts)

19. Thank you