The Common European Asylum System in Poland - Tema asyl ...

status of third country nationals who are long-term residents 15 , that entered into
force on the 2 nd of December 2004, it is stated that the directive does not apply to
third country nationals who “are authorised to reside in a member state on the
basis of a subsidiary form of protection in accordance with international
obligations, national legislation or the practice of the Member State […] are
refugees or have applied for recognition as refugees” (Article 3, Scope, 2C and D.
Emphasis added). Thus refugees and those enjoying other forms of protection
were excluded from this directive. The reason is said to be that the member states
required some “further thinking” on this area of transfer of protection status.
(Lassen et al, 2004:8) Thus the facilitating of movement of third country nationals
enjoying protection in a member state of the European Union has not yet been
brought about. However there are ways for refugees that are recognised under the
1951 Geneva Convention to transfer their status under the European Agreement
on Transfer of Responsibility for Refugees 16 , but they are often complicated and
many refugees wait to receive citizenship before attempting to move within the
European Union. (Nash and Kok, 2005:35)
15 Council Directive 2003/109/EC of 25 November 2003. Concerning the status of third-country
nationals who are long-term residents.
16 Strasbourg, 16.X.1980
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