Since 1991, Poland has been party to the 1951 Convention Relating to the Status of Refugees, which provides the internationally recognised definition of a refugee and outlines the legal protection, rights, and assistance a refugee is entitled to receive, and its 1967 Protocol Relating to the Status of Refugees, which expands the Convention to apply universally and protect all persons fleeing conflict and persecution.

Poland signed but has not ratified the 1997 European Convention on Nationality which establishes principles and rules on nationality. Poland also has neither signed nor ratified the 1954 Convention Relating to the Status of Stateless Persons, which establishes a framework for the international protection of stateless persons, and the 1961 Convention on the Reduction of Statelessness, which sets rules for the conferral and non-withdrawal of citizenship to prevent cases of statelessness from arising. 

As part of the European Union (EU), Poland is bound by the Common European Asylum System (CEAS), which aims to introduce EU-wide standards for the equal treatment and protection of refugees, migrants, and asylum seekers entering the EU. The system is governed by five legislative instruments and one agency:

• Asylum Procedures Directive, aims to establish common standards for asylum processes across the EU member states; 
• Reception Conditions Directive, provides common standards for reception conditions across the EU member states;
• Qualification Directive, clarifies the  grounds for granting international protection;
• Dublin Regulation, establishes the State responsible for examining the application;
• EURODAC Directive, governs collection and storage of fingerprints of asylum seekers, irregular migrants and other people found to be present in member state with a view to aid determination of state responsible for examining the asylum application, support law enforcement and prevent multiple  asylum applications in several member states;
• European Union Agency for Asylum, provides operational and technical assistance to EU Member States in the assessment of applications for international protection.

The CEAS was reformed by the New Pact on Migration and Asylum (the Pact), which was approved in 2024 and is set to take effect in 2026. The Pact presents a complex package of ten legislative files intended to reform the EU’s migration and asylum system.

While the Pact has been presented by EU institutions as delivering the intended results while remaining grounded in European values, human rights organisations and migration experts have long opposed and criticised its reforms. A point by point analysis of the Pact by the European Council on Refugees and Exiles can be found here.

The Temporary Protection Directive (TPD, Council  Directive 2001/55/EC) provides for immediate, temporary protection in the European Union for people displaced outside the union. The directive was invoked following the full-scale outbreak of the Russo-Ukrainian war in February 2021 and is the most commonly applicable instrument for Ukrainian citizens displaced following the war in the European Union. 

Additionally, Poland ratified the European Convention on Human Rights (ECHR, formally the Convention for the Protection of Human Rights and Fundamental Freedoms), which is a supranational convention to protect human rights and political freedoms in Europe. While not a refugee-specific treaty, the ECHR provides a set of fundamental human rights and freedoms that apply to everyone within the jurisdiction of its Member States, including refugees and asylum. seekers. These rights serve as important legal protections for refugees, especially when national asylum or immigration decisions are challenged. 

In addition to its obligations under the aforementioned international instruments, Poland is obligated to respect the international customary legal principle of non-refoulement, which prohibits any country from deporting any person to a country where they face the threat of persecution.

Poland has also ratified several other international legal instruments that also relate to treatment of refugees, including the:

• International Covenant on Civil and Political Rights (ICCPR), which sets out protections for a wide range of human rights, including freedom from torture and other cruel, degrading or inhuman punishment, fair trial rights, equality, and non-discrimination 
• International Covenant on Economic, Social and Cultural Rights (ICESCR), which ensures the enjoyment of economic, social, and cultural rights to education, fair and just working conditions, adequate standards of living, social security, and the highest attainable standard of health 
• Convention on the Rights of the Child (CRC), which protects children’s rights and obliges public bodies to consider children’s best interests 
• Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which sets out provisions to ensure women’s full enjoyment of human rights on an equal basis with men 
• International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), which obliges signatories to take action to eliminate all forms of racial discrimination
• Convention on the Rights of Persons with Disabilities (CRPD), which seeks to eliminate disability discrimination and safeguard the rights of disabled people 
• Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), which requires signatories to take effective measures to prevent acts of torture
• International Convention for the Protection of All Persons from Enforced Disappearance (ICED), which combats enforced disappearance.

In 1960, the government established the Code of Administrative Procedure which is the legal foundation for asylum procedures, reception conditions, detention and scope of protection. In 2013, the Act of 2013 on Foreigners was passed, which regulates the granting of protection to foreigners within the territory of the Republic of Poland.

As a result of a 2025 amendment, the Act of 2003 on granting protection to aliens within the territory of the Republic of Poland now enables the government to temporarily restrict the right to apply for international protection in defined circumstances. Such a restriction may be imposed only when all three statutory conditions are met: 1) an ‘instrumentalisation’ of migration or border crossings (as defined in the amendment) is taking place; 2) the resulting actions pose a ‘serious and real threat to state or public security’; and 3) the restriction is ‘necessary’ to address that threat because other measures are inadequate.

The law defines that such a restriction may be introduced by the Council of Ministers by regulation for a period of up to 60 days. If grounds persist, that period can be extended once for another fixed period of up to 60 days (after parliamentary consent).

The first such restriction has already been implemented at the Polish border with Belarus by a Regulation of the Council of Ministers (available in Polish), initially set to remain in force for 60 days from 28 March 2025, with subsequent extensions. In the future, similar restrictions may be introduced depending on the situation at the borders.

In addition to these main legislative acts, there are a variety of implementing decrees, administrative guidelines and regulations relevant to asylum procedures, reception conditions, detention and scope of protection:

In 2015, Poland introduced the Regulation on detention centres (available in Polish; amended in 2021) which sets out detailed rules for the functioning of detention – and guarded centres for foreigners (including minimum space per person, meal standards, and rules on stay duration). 

Also in 2015, Poland enacted the Regulation on rules of stay in the centre for asylum seekers (available in Polish) which governs the rules of stay in reception centres for asylum-seekers (rights and obligations of residents, registration, internal regulations). 

In 2020, the Regulation on cross-border movement (available in Polish) was introduced to allow temporary suspension or limitation of border-crossing at certain border crossing points under specified conditions, including those related to national security or public order (last amended in 2025). 

Finally, in 2023 the Regulation on the amount of assistance for foreigners seeking international protection (available in Polish) was adopted, setting out the amounts and types of assistance (cash benefits, food support) available to foreigners seeking international protection. 

Poland has implemented an ‘open-door’ policy following the influx of Ukrainians since 2022. Indeed, on 27 February the Office for Foreigners published on its website that all persons fleeing Ukraine do not have to register anywhere or be concerned about the legality of their stay. Entry to Poland was made possible for people fleeing Ukraine on the basis of the consent of the Border Guard issued for 15 days on the basis of Article 6(5)c of the Schengen Code. However, the representatives of the Polish Commissioner for Human Rights as well as NGOs reported that foreigners having lived in Ukraine before the war faced more obstacles to cross the border, especially when they did not have passports. In particular, it was reported that undocumented individuals experienced delays related to identity verification, and that third‑country nationals were more likely to face entry‑related issues.

While there is limited information regarding instances of discrimination at the border, official data published by the Border Guard (available in Polish) show that, in 2025, entry to Poland was refused to 30 stateless persons and to 5 persons of undetermined nationality arriving from Ukraine. In all cases, the refusals were based on grounds described as other than the lack of a valid visa, without further specification.

On 12 March 2022, a special Law on Assistance to Ukrainian Nationals (available in Polish) in connection with Russia’s ongoing invasion of Ukraine entered into force. The Law applies also to spouses of Ukrainian nationals not holding Ukrainian citizenship who came to Poland from Ukraine as a result of the war. As a result of a 2025 amendment (available in Polish), the legal stay of Ukrainian citizens (and certain members of their families) who arrived in Poland after 24 February 2022 in connection with the military operations in Ukraine has been prolonged until 4 March 2026. 

Resulting from the amendment, Ukrainian citizens are now required to appear in person at their local municipal office to apply for a PESEL number, a requirement that also applies to minors. Assistance with accommodation in collective reception centres will be available for a maximum of 120 days from arrival, however, since 1 November 2025, will only be granted to those holding a PESEL with UKR status and belonging to legally defined vulnerable groups, with immediate eviction possible for breaches of centre rules, substance abuse, violence, or non‑payment of fees. Eligibility for the 800+ child benefit now also requires the guardian to demonstrate active employment, in addition to meeting previous residence and education conditions. Access to publicly funded healthcare services has also been limited under the new rules.

After four years of the special Law on Assistance to Ukrainian Nationals being in force, Poland decided to harmonise the rules on support for all foreigners in areas such as healthcare, social benefits and access to employment. To this end, a new Law providing for the expiry of certain provisions of the special Law (available in Polish) was adopted and entered into force on 5 March 2026. Under the new Law, selected measures introduced by the special Law will be gradually phased out and incorporated into the Law on Granting Protection to Foreigners within the Territory of the Republic of Poland. As a result, this latter Law will become the sole legal basis for granting temporary protection to all foreigners who have left their country of origin due to armed conflict and sought refuge in Poland. More information on concrete implications and practical advice is provided by UNHCR.