Prawo do azylu w ustawodawstwie polskim

The problem of foreigners in the Republic of Poland has become especially current after 1989, because since that time an increasing number of foreigners have been applying for permanent residence permit on the territory of our country. Poland has become a transit country as a result of its particular geographical location, lying in the orbit of the impact of migratory movements in Europe nowadays – especially those running from the East to the West. Despite the detailed regulation of the institution of asylum in both the Constitution of the Republic of Poland of 1997, as well as in the national legislation, the asylum is a form of assistance offered to the foreigners, used by them only sporadically. Furthermore, no positive decision regarding this matter was taken by the Polish authorities for several years. The necessity to meet rigorous prerequisites for getting an asylum granted seem to be the direct cause for this state of affairs. In addition, the necessity to express directly that the application of a foreigner concerns granting the right of asylum on the territory of the Republic of Poland also causes possible complications. The legal rules state that this form can be granted only if a foreigner states directly that he is applying for protection in the form of asylum. The lack of a clearly expressed will of the foreigner with respect to this results in considering such a request in the category of granting the refugee status. Furthermore, in view of the fact that a foreigner applying for the refugee status must meet much milder prerequisites and the effects of a positive decision with respect to this are almost analogous to the situation in which they would be granted an asylum for the reasons stated above, foreigners choose the “easier option”, which means in this case applying for the refugee status. In addition, it is necessary to mention that the decision of granting the right of asylum is based on the administrative discretion, which undoubtedly influences the low interest on the part of foreigners in this form of protection granted by the Polish authorities.