Unaccompanied minors

Issues concerning unaccompanied minors applying for international protection are regulated by:

  • the Act on granting protection to foreigners on the territory of the Republic of Poland
    and
  • the Act on supporting family and foster care system.

In accordance with the current provisions of the Act on granting protection to foreigners, the Border Guard authority, which accepted the declaration of an unaccompanied minor of the intention to submit an application for international protection from a minor, applies to the guardianship court competent for the minor’s place of residence for the appointment of a guardian to represent the minor in the proceedings on granting international protection, transfer to another Member State under Regulation 604/2013, providing social assistance and assistance in voluntary return to the country of origin and placing a minor in foster care (Article 61 (1) (3) of the Act on granting protection to foreigners on the territory of the Republic of Poland). The court appoints the guardian immediately, but not later than within 3 days.

On behalf of the minor, the application for international protection is submitted by an official guardian or a representative of an international or non-governmental organisation involved in providing assistance to foreigners, including legal assistance (Article 26 paragraph 2 of the Act on granting protection to foreigners on the territory of the Republic of Poland).

The Border Guard authority that accepted the declaration of the unaccompanied minor about the intention to submit an application for international protection or an unaccompanied minor’s request for international protection or to which another Member State transferred the unaccompanied minor under regulation 604/2013, transfers an unaccompanied minor to a foster family serving as a family emergency or to a care and educational centre of intervention type. At the same time, the authority applies to the guardianship court competent for the minor’s place of residence to place him in foster care.

An unaccompanied minor resides in a foster family performing the function of a family emergency or a care and educational institution of the intervention type until the judgment is issued by a guardianship court, which in accordance with Article 61 paragraph 7 of the Act on granting protection to foreigners on the territory of the Republic of Poland, shall consider the application for placement of a minor in foster care immediately, but not later than within 10 days.

Pursuant to Article 63 of the Act on granting protection to foreigners on the territory of the Republic of Poland, the costs of an unaccompanied minor’s stay in a foster family acting as a family emergency service or a care and education institution of the intervention type, from the day of submitting the application for international protection to completing the proceedings for granting international protection by a final decision, are financed from the state budget from the part the operator of which is the minister competent for internal affairs, at the from the funds at the disposal of the Head of the Office.

Medical and psychological care for unaccompanied minor foreigners residing in care and educational facilities is carried out in the place where the facility is located.