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POLAND
1. INVOLUNTARY RETURN
1.1 POLICY
291
POLAND
Since the 1990s, Poland has gradually evolved from an emigration country to a transit and now
increasingly a migrant receiving country.
In 1991, Poland ratified the 1951 Geneva Convention and 1967 Protocol on Refugees, and subsequently
introduced provisions for refugee status in its legislation. The Aliens Act of 1963,
which did not include provision for the protection of refugees was accordingly amended in
1997, 2001 and again in 2003. One of the most important changes, which the new Aliens Act
introduces, is the tolerated stay permit for persons who cannot be removed.
Given the prospective EU membership and the requirement to adjust Polish legislation to the
acquis communitaire, the European Union has played a strong role in Polish immigration policy.
The newly evolving Polish immigration policy has been dominated by the need to adapt to the
Schengen Agreement and implement its provisions, measures aimed at securing the Polish eastern
border, which will in the future be the EU border, the introduction of a visa for nationals
from bordering eastern European countries and the adjustment of the asylum policy and legislation
to those adopted by the EU Member States and the acquis communitaire.
Poland’s borders have become increasingly tightly controlled and many migrants have found
easier routes westward through other CEE countries. Nonetheless, Poland has accumulated a
large population of irregular migrants. Many remain in Poland after the expiration of their visa
and either make repeated attempts to move west or settle in Poland.
The Polish government believes that irregular immigration should be combated effectively both
at the border and in-country, and has therefore extended the powers of the Polish Border Guards
to control the legality of residence. Further steps taken towards harmonizing Polish migration
policy with EU standards include amendments to the immigration laws and the regularization
scheme coming to an end this year, as well as stricter enforcement of immigration laws through
increased numbers of expulsions and deportations.
Since 1 September 2003, the revised Aliens Act and the Law on the Protection of Aliens on
Polish territory have been in force, following their adoption on 22 May 2003. With the adoption
of these laws, the government also introduced two regularization schemes.