Amnesty International has strongly criticized Poland’s new asylum legislation, arguing that it poses a serious threat to human rights and violates international law. The law, enacted in March 2025, allows Polish border guards to reject asylum applications from migrants crossing the Belarusian border without assessing their individual circumstances.
Legal and Human Rights Concerns
The UN High Commissioner for Refugees (UNHCR) had previously warned that the legislation could lead to violations of the principle of non-refoulement, which prohibits returning refugees to places where they face persecution. Amnesty International argues that the law codifies unlawful forced returns, effectively stripping migrants of their right to seek asylum.
The organization also highlights concerns about Poland’s constitutional obligations, particularly Article 56, which guarantees the right to seek asylum and receive protection. Additionally, Article 31 of the Polish Constitution states that any restrictions on fundamental rights must be necessary and proportionate, raising further legal questions about the legitimacy of the new policy.
Calls for Repeal and EU Action
Amnesty International has urged Polish authorities to repeal the law and halt unlawful border control practices, including pushbacks and collective expulsions. The organization also called on the European Commission to review Poland’s compliance with EU law and consider infringement proceedings against the country for its longstanding violations of refugee rights.
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