the existing return decision in case of an incorrect determination of nationality made therein which
is allowed under Article 127 of the Code of Administrative Procedures.
In respect of the facts that are to be established in order to determine that a person is stateless or
of unknown nationality, the Border Guard service stated that every case is assessed individually. If
a person claims that he or she is stateless and can provide documentary evidence of that fact, or if
that fact is established in cooperation with foreign diplomatic posts, such a person is determined to
be stateless. If the identity cannot be confirmed for reasons attributable to the person concerned,
such as non-cooperation or when no information is provided by the diplomatic post or when the
person cannot comply with requirements of the diplomatic post, it is determined that a person’s
nationality is unknown.
It was also indicated by the Border Guard that they are able to make a successful determination
on statelessness regarding persons originating from the former USSR who did not register their
citizenship after the dissolution of the USSR, as well as Palestinians and persons of Tibetan origin.
According to the Border Guard service, the most common difficulties regarding identity verification
concern foreigners not willing to cooperate with the competent bodies, purposefully providing false
or incomplete data in order to disrupt the removal process, as well as foreign diplomatic posts not
cooperating or not conducting procedures within reasonable time limits, e.g. setting requirements
that are difficult to meet. The Border Guard service also stated that difficulties concerning identity
determination in cooperation with foreign diplomatic posts occur mainly with regard to the
following countries of origin: Iran, Eritrea, Guinea, Ethiopia, Liberia, Togo, Bangladesh, Nepal, and
Cuba.
3.3.3 Other relevant types of proceedings
According to Article 260 of the Act on Foreigners, a Polish Identity Document may be issued
to a foreigner who is staying on the Polish territory, who is a stateless person and has no identity
document, if obtaining such a document is not otherwise possible and if it is in the interest of
the state. Therefore, the issuance of such a document is conditional upon prior identification
of the applicant as stateless. The document confirms that a person is stateless but does not
confer a statelessness “status” to its holder and the rights attached thereto. Obtaining the Polish
Identity Document does not allow a person to travel abroad and does not exempt its holder from
the obligation to obtain a visa, a temporary residence permit, a permanent residence permit or a
long-term EU resident permit to be able to stay legally on the territory of Poland.
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MAPPING STATELESSNESS IN POLAND