A/HRC/53/26/Add.1 handles administrative decisions involving international protection in Poland, upon receiving asylum applications from the Polish Border Guard, and is responsible for providing social assistance and medical care to those seeking protection. The Office is responsible for appellate procedures in cases involving the legalization of the residence of foreign nationals in Poland and expulsion orders. Although the placement of asylum-seekers in general is ordered by the Court following the request of the Border Guard, the Head of the Office, based on an assessment of the case, has the competence to release asylum-seekers from closed detention facilities. 28. The Polish Border Guard and the Office of Foreigners report to the Polish Ministry of the Interior and Administration, which is responsible for the interior security of the country and law enforcement forces and is in charge of issuing Polish identity documents, including national passports. The Ministry also has the function of regulation migration issues, managing the integration and registration of migrants and combating irregular migration. National human rights institutions 29. The Commissioner for Human Rights is a constitutional institution appointed to oversee the protection and observance of human and civil rights in Poland. The Commissioner’s powers and competences are established under the Constitution, as well as in the Act on the Commissioner for Human Rights of 15 July 1987. 30. The office of the Commissioner also acts as the national human rights institution, the national mechanism for the prevention of torture (as visiting body for the prevention of torture and other cruel, inhuman or degrading treatment or punishment), the independent equality body (referred to in the European Union directives on anti-discrimination) and the independent body monitoring the implementation of the Convention on the Rights of Persons with Disabilities. The Commissioner’s performance is independent from other State authorities; the Commissioner is accountable only to the Sejm. IV. Admission, reception and housing of refugees fleeing Ukraine 31. As at 23 February 2023, over 9.4 million refugees fleeing the war in Ukraine have crossed the Ukrainian-Polish border to Poland seeking protection. The majority of refugees are women and children. Approximately 1.3 million are staying in Poland, and over 1.43 million Ukrainian citizens have applied for a “PESEL” number, an identification number for people residing in Poland that is required to access rights provided under the order on temporary protection. Under the Act on assistance for Ukrainian nationals in connection with the ongoing invasion of Ukraine, Ukrainian nationals and their spouses fleeing the war may legally stay in Poland for 18 months, until 24 August 2023. They are granted full access to the Polish labour market and health-care system; Ukrainian children are granted full access to school, on the same basis as Polish nationals. The Act has established a governmental Relief Fund for Ukrainian War Refugees, with nearly 10 billion Polish zlotys (Zl) (approximately €2 billion) earmarked funds to provide assistance to Ukrainian citizens. Ukrainian refugees are entitled to a one-off cash assistance of Zl300 (approximately €63) per person, intended to cover expenses for food, clothing, footwear, personal hygiene products and housing fees. As at 20 February 2023, 222,685 individuals have benefited from this allowance. Ukrainians are also entitled to other social support and benefits, including free psychological care and services, monetary and non-monetary benefits from social assistance system, as well as food and a periodic allowance. Ukrainian citizens also receive support for families and children, including a monthly allowance for children (the “500+ benefit”, a monthly allowance of Zl500, approximately €105 per child) and access to funding to reduce the fees for institutional childcare and other family care programmes run by the Government. The provisions of this special law on assistance for Ukrainian nationals do not apply to thirdcountry nationals who also fled Ukraine. Instead, amendments were introduced to the Act on providing foreigners protection on the territory of Poland, transposing goals set out in the temporary protection directive of the European Union. Although refugees fleeing the same war are all generally admitted in Poland, the applicable legal framework and the consequent entitlements are not the same, depending on their nationality and migration status in Ukraine. Affected individuals include holders of permanent residence permits and particularly those GE.23-06742 7

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