In March 2025, Poland stopped registering asylum applications from migrants entering from Belarus, citing a temporary emergency measure to counter what it viewed as a destabilising effort by Russia and Belarus. Despite this policy lasting 18 months, Poland is now asking the EU to allow temporary suspensions of asylum applications during episodes of “instrumentalised” mass migration, a move that rights advocates warn could violate international law.
The 400-kilometre border between Poland and Belarus has been a focus since 2021, with EU authorities accusing President Alexander Lukashenko of weaponising migration to make entry into the EU easier than via more dangerous Mediterranean routes.
New emergency framework by Commission
The prospect of a unified EU approach to migration advanced on 16 September when European Commission President Ursula von der Leyen announced plans for a new “European Emergency Response Framework” to address “engineered and weaponised” mass migration. This framework would allow for greater flexibility in applying migration procedures under specific circumstances for a limited time, though the exact procedures remain unspecified.
Poland’s Deputy Interior Minister for Migration, Maciej Duszczyk, welcomed the announcement, seeing it as recognition of what he calls “the Polish solution” to migration crises, such as the recent incident in Ceuta where over 70,000 people crossed from Morocco into Spain. However, Tineke Strik, a Dutch MEP, said the framework could legitimise restrictions on asylum rights across the EU, undermining core principles of asylum law.
Michael O’Flaherty, the human rights commissioner for the Council of Europe, also voiced worry that discussions of suspending asylum rights might violate international law. Critics argue that legalising such suspensions would seriously undermine fundamental human rights, especially the principle of non-refoulement, which protects individuals from being returned to places where they may face persecution.
Rights groups decry ‘Polish solution’ as international law violation
Duszczyk affirmed that suspending the right to asylum in Poland aligns with international law and that vulnerable groups—like pregnant women, children, and those facing persecution in Belarus—can still apply for asylum. “Each person at the border has the right to explain their situation,” he stated.
However, the Polish ombudsman and NGOs assisting migrants dispute this. Karolina Czerwinska from the Association for Legal Intervention noted that while pregnant women might have a chance, the cases of sick individuals and minors are often dismissed.
Duszczyk highlighted that the current global context differs from the 1950s, when countries created refugee rights to protect individuals from state violence. Czerwinska emphasised the importance of respecting human rights in Poland, especially given its proximity to the war in Ukraine.
EU’s new migration pact already outdated, Poland says
Human rights organisations expressed surprise at von der Leyen’s recent announcement. They noted that the European Union’s new Pact on Migration and Asylum, which came into effect three months ago, already allows member states experiencing border crises to deviate from standardised asylum procedures. This includes extending application processing deadlines and lengthening detention periods for migrants.
However, Duszczyk emphasised that von der Leyen’s statement suggests the European Commission recognises the current pact’s shortcomings. He asserted the necessity for a new legal instrument within the EU framework that would enable the suspension of standard procedures and the establishment of a designated state of emergency when required.
Looking ahead, the Polish minister said the European Commission is expected to provide more details on this framework at the upcoming summit of interior ministers on 1st October. Discussions will continue at a subsequent European Council summit later that month.
This article used information from The Associated Press.
