Belarusian in Poland May Lose International Protection Over New Belarus Passport

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Паспорт Новой Беларуси. Фото: tsikhanouskaya.org

In Poland, proceedings have been initiated to revoke international protection from a Belarusian citizen after he used a New Belarus passport when renewing his residence permit (karta pobytu), the Partyzanka initiative reports.

The man’s national Belarusian passport had expired, and he was objectively unable to obtain a new one. When applying to renew his residence permit, he indicated a New Belarus passport. The Polish authority interpreted this as interaction with Belarusian state bodies.

“The procedure to revoke international protection was initiated because the person’s national passport had expired and he could not objectively obtain a new one. When submitting the application, he indicated a New Belarus passport. This was perceived by the urząd as interaction with Belarusian state authorities. As a result, proceedings to revoke international protection were launched, checks of travel history were initiated, and his case was re-examined. At this stage, the person has provided written explanations to the urząd. Most likely, the procedure to revoke international protection will be discontinued,” Partyzanka explained.

Under Polish law, using a symbolic document (such as a passport, student ID, or driver’s licence) as an official document may result in criminal liability under Article 270 §1 of the Polish Criminal Code.

A symbolic document must not be used for:
– presentation as an identity document (for example, to a notary, bank, or employer);
– residence legalisation procedures, dealings with state authorities, or visa applications;
– crossing borders, including air travel;
– obtaining a loan, credit, or instalment plan;
– concluding contracts if the other party perceives the document as genuine (for example, renting accommodation).

In cases involving loans or credit, additional criminal risks may arise, including under Article 297 §1 of the Polish Criminal Code.

A symbolic document may be used only if it is kept at home as a souvenir or symbol, shown to friends, used exclusively in a symbolic or informational context, or photographed and published as a souvenir item without legal consequences.

Partyzanka stresses that Belarusian citizens without a national passport may obtain a Polish travel document, and that when renewing a residence card based on international protection, neither a passport nor a travel document is required at all.

“Why it is not recommended to use symbolic documents (such as a New Belarus passport) for legalisation purposes: the issue is not limited to whether the migration service will accept the document. The very fact of using such a document may serve as grounds for:
▪ additional checks;
▪ being summoned for an interview;
▪ analysis of travel history and documents;
▪ initiation of proceedings to revoke status,” the initiative warns.

The existence of a criminal case related to the use of a symbolic document may also serve as grounds for launching a new procedure to revoke international protection on the basis of a criminal offence.

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