Center (HNLAC) in 2012,5 followed by a separate analysis on childhood statelessness6 and on the risk of arbitrary detention of stateless persons,7 no analogous mapping studies have been undertaken until now. This study has employed both quantitative and qualitative methods. The process of gathering information has relied on desk and field research. The study has focused not only on the compatibility of national legal standards with applicable international standards but has also aimed at providing an in-depth analysis of how the law is applied and the identification of divergences between the binding legal framework and practical application of the law. Additionally, relevant case law has been assessed in order to complement the legal analysis and illustrate the modalities behind the decision-making process in statelessness cases. The report uses the terms “stateless person” as well as person of “unknown nationality” to reflect the situation of statelessness in Poland. The definitions used by different institutions in Poland may vary as there is no unified and clear definition set out in the Polish legislation. Throughout the study, stateless persons and persons of unknown nationality have been consulted in order to gather detailed and comprehensive data concerning problems that statelessness creates for individuals living in Poland. Individual stories have been gathered by means of a questionnaire with a particular emphasis on maintaining the confidentiality of interviewees’ sensitive personal data and with specific consideration of age, gender and diversity factors. Individual testimonies have been utilized to provide a picture of the ethnic and social profile of stateless persons residing in Poland, with a particular focus on their access to rights and their socio-economic status and the difficulties they have experienced. In order to identify objective, reliable and comprehensive findings from the mapping, observations on a variety of data – provided, upon request, by various public authorities – were also included. Moreover, the following also forms part of this study: statistical information provided by the Office for Foreigners, the Border Guard Headquarters and the Ministry of Digital Affairs; answers from the Office for Foreigners to a questionnaire on statelessness within the framework of asylum procedures; answers from the Border Guard to a questionnaire on statelessness regarding return procedures; a response from the Ministry of Interior and Administration on registration of stateless persons in the Personal Identification Number (PESEL) database;8 replies from the Voivods (Provinces) to requests concerning Polish Identity Documents (comprised of both statistical information and answers to short questionnaires on the determination of statelessness). Additionally, a series of case studies of stateless persons or persons at risk of statelessness have been analyzed. Overall 23 such cases along with additional 6 detailed interviews with stateless persons are reflected in this report. Observations from relevant lawyers, NGOs and Border Guard officers working at border posts and in detention facilities have also been collected. 10 5 The Halina Niec Legal Aid Center (HNLAC), The Invisible – Stateless Persons in Poland, December 2013, available at: http://www.statelessness.eu/resources/invisible-stateless-persons-poland. 6 D. Pudzianowska, M. Szczepanik, Ending Childhood Statelessness – a Study of Poland, Working Paper 03/15, European Network on Statelessness (ENS), 2015, available at: http://www.statelessness.eu/sites/www.statelessness.eu/files/Poland.pdf. 7 ENS and HNLAC, Protecting Stateless Persons from Arbitrary Detention in Poland, 2015, available at: http://www.statelessness.eu/protecting-stateless-persons-from-detention. 8 PESEL (Powszechny Elektroniczny System Ewidencji Ludności – Universal Electronic System for Registration of the Population) is the national identification number used in Poland. It is mandatory for all permanent residents of Poland and for temporary residents living in Poland for over two months. MAPPING STATELESSNESS IN POLAND