6 | PROTECTING STATELESS PERSONS FROM ARBITRARY DETENTION IN POLAND Mr A is a young man originally from Gyumri (Leninakan) in the former Soviet Union who arrived in Poland with his family at the age of two, shortly before the break-up of the USSR. Neither he nor his family members have ever obtained Armenian citizenship. After several years of living in Poland irregularly, all members of his family, other than him, were granted tolerated stay status. An attempt at deportation led to his detention, which was extended several times. While still a teenager, Mr. A spent almost 11 months in the Guarded Centre for Foreigners, after which, he was finally granted tolerated stay status and released. Mr S is a middle-aged man - an orphan from Bangladesh. In 2007 his friend helped him to travel illegally to Italy. Living undocumented in Europe for several years, he came to Poland in 2011. As he did not fulfil conditions under Polish legislation to be granted permission to stay, he was detained in the Guarded Centre for Foreigners for the purpose of forced return. The Polish authorities approached the Bangladeshi embassy several times during his detention, but they never received any answer. As his identity was not confirmed within the maximum one year detention period, he was released and still lives in Poland. With no place to go, he lives at his friend’s apartment awaiting for the return decision or information that he has been granted tolerated stay. MR I’S STORY Mr. I is a 52 year old ethnic Russian, born in what is today Ukraine. He arrived in Poland legally, more than 25 years ago with a Soviet Union (USSR) passport, as the Soviet Union was on the brink of collapse. As his USSR passport was stolen shortly after he came to Poland, he was refused a passport by Ukraine several times. In 2012, he attempted to legalize his stay under the 2011 Polish Amnesty Act. However, a lack of travel documents resulted in him being denied permission to stay, despite his extensive efforts, before the Governor’s Office, to prove that the competent Ukrainian authorities did not want to confirm his nationality. Unable to legalize his situation, by any other means, his continued stay in Poland is illegal. Consequently, he is afraid to come out of the shadows. Due to his lack of legal status Mr. I experienced significant trauma, caused by the uncertainty of what would happen to him if he was apprehended by border guard officers. He has spent years worrying about whether he might be detained and arbitrarily sent somewhere. His problems are compounded because, on several occasions, the Ukrainian Consulate has refused to give him written confirmation that he is not considered by Ukrainian Authorities to be a Ukrainian citizen. Paradoxically, this refusal is despite the authorities not accepting that he is a citizen of the Ukraine, even though he was born in the Ukraine. Hence, despite his best efforts, Mr. I lived in constant fear of being prosecuted for his lack of documentation. In 2013 Mr. I heard that an organisation in Poland had launched a campaign against statelessness. He consequently visited its office, asking for advice. As there is no statelessness determination procedure in Poland, the lawyer recommended to initiate a refugee procedure, as the single avenue available to him. Mr. I was hesitant, at first, as he feared that this would lead to his detention in the guarded center for foreigners. Nevertheless, in December 2014, Mr. I decided to apply and went with his lawyer to Warsaw to file a refugee application. Due to the lack of identity documentation, the Border Guards initially disallowed his application. However, after a one hour, stressful wait, he was informed that the Border Guards had decided to authorise his release by applying alternatives to detention. Greatly relieved, Mr I has been living in Cracow ever since, awaiting for an outcome of his refugee application. On a monthly basis, he reports, in person, to the Border Guards Division in Cracow. However, his legal situation remains precarious and he is unable to work legally. Despite this, he seems content enough with his humble life as long as he continues to enjoy his freedom, no longer at risk of detention. “My biggest fear? Being placed in detention for not having documentation.”