Executive Summary

This paper critically examines the recent amendments to Polish asylum law, particularly the legal framework established by the law of 21 February 2025, which restricts the right to apply for international protection at the Polish-Belarusian border. The analysis highlights the legal, social, and political dimensions of these changes, contextualizing them within the broader European migration crisis and the instrumentalisation of migration by Belarus. The findings reveal significant tensions between national security imperatives and international human rights obligations, particularly the principle of non-refoulement. The paper concludes with policy recommendations aimed at reconciling border security with the protection of asylum seekers’ rights.

Context & Background

The Polish legal landscape regarding asylum has undergone significant transformation since July 2021, largely in response to geopolitical tensions stemming from Belarus’s actions following the controversial 2020 presidential election. The Polish government has accused Belarus of orchestrating a campaign to destabilise Poland through the instrumentalisation of migrants, leading to a surge in illegal border crossings. In this context, the Polish Border Guard has reported numerous violent encounters with migrants, prompting the establishment of buffer zones and heightened border security measures. The introduction of these measures has been framed as a necessary response to protect national security amidst ongoing threats from Russia, particularly following the visa-free travel agreement between Russia and Belarus in January 2025. This situation has been exacerbated by the broader European migration crisis, which has seen an increase in asylum seekers attempting to enter the EU, further complicating the legal and humanitarian landscape.

Deep Analysis

The amendments to the Act on Granting Protection to Foreigners, particularly the law enacted on 21 February 2025, introduce a legal basis for temporarily restricting the right to apply for international protection. This law has been met with widespread criticism from human rights organisations, which argue that it undermines Poland’s obligations under international law, particularly the principle of non-refoulement, which prohibits returning individuals to countries where they face serious threats to their life or freedom. The law allows for the suspension of asylum applications for a period of up to 60 days, with the possibility of extension, thereby creating a legal framework that may facilitate pushback practices already reported at the Polish-Belarusian border. The introduction of the term ‘instrumentalisation’ in the legal text reflects a shift in the Polish government’s approach to migration, framing asylum seekers as potential threats rather than individuals in need of protection. This shift raises critical questions about the balance between national security and the protection of human rights, particularly in light of the humanitarian crisis unfolding at the border, where reports of violence, injuries, and deaths among migrants have emerged.

Recommendations

• Reassess the legal framework governing asylum applications to ensure compliance with international human rights obligations.
• Implement training programs for border guards and officials on human rights standards and the treatment of asylum seekers.
• Establish independent monitoring mechanisms to oversee border practices and ensure accountability for human rights violations.
• Engage in dialogue with international organizations, including the UNHCR, to develop comprehensive strategies for managing migration and asylum in a manner that respects human rights.

Conclusion

In conclusion, the recent amendments to Polish asylum law represent a troubling shift towards restrictive migration policies that prioritize national security over humanitarian obligations. The legal framework established by the law of 21 February 2025 poses significant risks to the rights of asylum seekers and undermines Poland’s commitments under international law. As the situation at the Polish-Belarusian border continues to evolve, it is imperative that policymakers reconcile the need for border security with the fundamental rights of individuals seeking protection, ensuring that Poland remains a country that upholds its international obligations and values.