in 2012 when 19 stateless persons and 3 persons of unknown nationality obtained a temporary
residence permit.
3.3 Lack of statelessness determination procedure and
the identification of stateless persons in other existing
procedures
As explained above, there is no formal statelessness determination procedure in Poland. Rather,
the assessment of nationality or statelessness comes to light principally in relation to immigration
procedures. Registration of statelessness appears to be a part of the overall evaluation that
takes place when a person applies for a visa, residence permit, or international protection in
Poland. The “determination” is, thus, in reality an evaluation that takes place when the applicant
has to establish his or her identity and nationality as part of his or her application for a residence
permit or international protection, rather than a determination that could lead to establishing
of a statelessness status per se. No determination of the status of statelessness takes place with
respect to persons who are, for example, rejected asylum-seekers but who are later found to be
“unreturnable,” potentially as a result of their statelessness.
3.3.1 Identifying stateless persons in protection proceedings
Stateless individuals may be among those who apply for international protection. The nationality or
statelessness of the applicant is taken into account within the overall assessment of the application
for asylum, as the country of origin is an important factor in establishing a well-founded fear
of persecution or risk of serious harm. Statelessness is not in itself a ground for granting refugee
status or subsidiary protection. Even if statelessness may be seen as a form of persecution (for
example, in cases of arbitrary deprivation of citizenship), jurisprudence concerning this issue
remains scarce.73 In Poland, the Office for Foreigners took into account statelessness when dealing
with the application for asylum of a stateless Rohingya.74 Yet, according to Polish jurisprudence,
statelessness does not, as a rule, lead to the granting of refugee status.
3.3.1.1 INITIATING THE PROCEDURE
The application for international protection has to be lodged in person through the Commanding
Officer of the nearest Border Guard Post who forwards the application to the competent authority
(Head of the Office for Foreigners). The application is lodged using a standard form. The required
data is entered by the Border Guard Officer, based on the information provided orally by the
applicant and submitted documents. The form includes a section on the country of origin, ethnic
origin and citizenship of the applicant. If the applicant has no identity documents, the data on
nationality is initially entered in the form based on the applicant’s oral statements.
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73
M. Fullerton, Comparative Perspectives on Statelessness and Persecution, 2015, available at: https://bit.ly/2kzBbzj
74
Halina Niec Legal Aid Center (HNLAC), The Invisible – Stateless Persons in Poland, cited above.
MAPPING STATELESSNESS IN POLAND