At the border

2. Analysis of legal provisions
their stay in Poland is covered by the carrier.
To prevent foreigners from entering the Polish
territory illegally, the commanding officer of a
Border Guard outpost may require them to reside
in a specified place until leaving the Polish
territory, prohibit leaving an aircraft or vessel,
order to leave the Polish territory on board
of the same aircraft/vessel in which the person
arrived, or order to leave the Polish territory
on board of another aircraft or vessel than
the one the person came in (Act on Foreigners,
Article 461).
2.7. Proceedings
involving vulnerable
persons
The definition of an applicant with „special
needs in respect of reception” is introduced
in the Reception Conditions Directive, which
specifies this group as people with special
needs who need special guarantees to exercise
the rights and fulfil the obligations referred
to the above directive (Article 2 (k) of the reception
directive). Persons listed as vulnerable
are: minors, unaccompanied minors, disabled
people, elderly people, pregnant women, single
parents with minor children, victims of
trafficking, persons suffering from serious illnesses,
people with mental disorders, and persons
who have been subjected to torture, rape
or other serious forms of psychological, physical
or sexual violence, such as victims of female
genital mutilation (Article 21 of the Reception
Conditions Directive). The Directive requires
consideration of each particular situation
of the persons mentioned above, imposing
additional obligations on Member States,
in particular as regards the adoption of minors
(Article 23) and unaccompanied minors
(Article 24). Particular attention is given to
the conditions of reception for victims of torture
and violence, requiring Member States to
provide them with the necessary treatment
required due to the damage caused by such
acts, in particular access to adequate medical
and psychological care, and ensuring that
people working with these applicants are adequately
trained (Article 25 of the Reception
Conditions Directive).
Particularly vulnerable groups are mentioned
in the other directives forming the Common
European Asylum System. Paragraph of the
29 preamble to the procedural directive states
that some applicants may need special procedural
provisions, among other things, due
to their age, gender, sexual orientation, gender
identity, disability, serious illness, mental
disorder or consequences of torture, rape or
other serious forms of psychological violence,
physical or sexual. Applicants belonging to vulnerable
groups should be provided with adequate
support to create the conditions ensuring
effective access to procedures and provide
enough time to prepare for the present circumstances
justifying their request for international
protection. Article 15 of the directive
also requires states to ensure that interviews
determining status are conducted by persons
Stowarzyszenie Interwencji Prawnej 30
Analyses, Reports, Evaluations Nº 2/2016