Temporary Protection for Third-Country Nationals who Arrive to Poland from Territory of Ukraine as a Result of Russian Military Aggression

Abstract

The onset of the new phase of Russian aggression against Ukraine, that started on 24 February 2022, has resulted in massive influx of third-country nationals to EU member states, with Poland seeing the greatest impact. This unprecedented wave of migration triggered the first-ever use of the EU’s temporary protection mechanism in recent history. Although the decision of the Council of the European Union has established categories of third-country nationals who qualified for temporary protection, the practice of Polish migration authorities demonstrate that there are still individuals who have fled from Ukrainian territory and require legal protection, yet are not qualified for temporary protection. These groups of third-country nationals must pursue other forms of protection, typically without success in obtaining it.