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Preamble 3
Summary 4
Statistics 6
Region of Origin 6
Age 7
The Number of Transit refugees in Brest 7
Family Composition 8
Professional Background 9
Causes of Flight 9
Schengen visa applications 10
Period of stay in Brest 10
Attempts to enter Poland. Statistics on entry permits 11
Incidents at the border and in Brest,
as well as other problems 12
Requests for help 14
Legal advice 14
Other activities 17
2
Preamble
1
In this review, we interpret the word "refugee" from the perspective of international
law as "any person who, because of a well-founded fear of being persecuted for
reasons of race, religion, nationality, political opinion or membership in a particular
social group, is outside the country of his/her nationality and is unable or unwilling
to benefit from the protection of that country because of such fear", https://www.
unrefugees.org/refugee-facts/what-is-a-refugee/
2
Previous reports are available at https://www.humanconstanta.by/publikacii
3
Summary
1
"Respondent” in this report means a family or a single person.
4
In 2018 we recorded a total of 20 days when nobody was
allowed in.
6. Refugees do not have a distinct age and social trend. Most fled
with children and had a profession in their native country.
10. 142 people received legal advice. The main topics of consultations
within this period were obtaining the refugee status or the
residence permit in the Republic of Belarus, drawing up an
application for international protection and explaining how the
interview at the border is usually conducted.
5
Statistics
Region of Origin
6
Age
Thirty out of all respondents refused to reveal their age. The others were aged
from 19 to 53. No distinct age trend was revealed.
7
Family Composition
Thirteen respondents (25 %), mostly men, did not have a child. There also
were women fleeing with their under-aged children from domestic violence
and persecution by husbands.
During the interviews people specified their companions. In total the number
of respondents and their family members amounted to 189 from whom 84
were adults and 105 were under-aged children. Sometimes there were families
of two, but mostly there were families with children. On average one family
had 2–3 children. Moreover, sometimes big families with children were one-
parent families. Nine is the maximal number of people composing one family
registered so far.
8
Professional Background
Causes of Flight
9
Schengen visa applications
10 respondents (19.2 %) informed that they had applied for a Schengen visa
and were rejected. The remaining 42 respondents reported that they had not
applied for a Schengen visa.
All the respondents had different periods of stay in Brest, from several days to
4 months.
10
Attempts to enter Poland. Statistics on entry permits
The number of attempts depends on the people’s period of stay in Brest. Some
of them go to Terespol every day but on average once in 2–3 days. The largest
number of attempts for one family that we recorded within this period — 36.
During each entry attempt, border guards put a crossed stamp in a passport.
Consequently, foreign passports quickly run out of pages, and a visit to the
consulate for a new passport can be unsafe.
Upon the return of the train Terespol–Brest, the volunteers of the organization
ask the ones who get off the train how many families took this trip and how
many of them crossed the border. A number of people answer the questions but
the information is still approximate. Every day Polish border guards permitted
entry for one family or a person on a random basis while the rest of the people
returned to Brest on a train. In general, within this period we recorded at least
1604 attempts, of which only 136 were successful. On minimum 26 days during
6 months border guards didn’t allow anybody to enter. Among them, 9 days
were in January and 11 in February. From March to June we recorded only
6 days when nobody was allowed to enter. While within the whole 2018, we
recorded only 20 days when nobody was allowed to cross the border.
11
Incidents at the border and in Brest,
as well as other problems
During the interviews, we asked to tell us about any incidents which occurred
to the refugees in Terespol or in Brest. We were told about 19 incidents which
took place in the territory of Poland. For example, Polish border guards were
rude to people; sometimes they talked in raised voices and insulted, mocked
or mistreated people; didn’t take documents and refused to listen. Within
the described period, we also recorded two cases when people at the border
got sick. In the first case, a woman was taken to hospital in an ambulance.
According to respondents, in several hours she was returned to the territory
of the Republic of Belarus on another train. In the second case, a pregnant
woman felt sick at the border. She was also taken to hospital. On the next day,
she was taken to the border and “put into a car driven by an old man with an
order to take her to the station”.
During the reporting period, with our assistance, two complaints were made
regarding 2 cases when the period of stay in Belarus was reduced. In one of the
cases, a woman went through Terespol for the purpose of family reunification
with her husband who stayed in Poland on a legal basis. In accordance with
regulation No. 604/2013 (the Dublin Regulation), the country where her partner
(husband) was identified as a refugee is responsible for the consideration of
her application for the provision of political asylum. Despite this fact, the Polish
side refused to permit entry for this woman.
12
Article 30 of the Law of the Republic of Belarus On the Legal Status of Foreign
Citizens and Stateless Persons. The definition of illegal migration includes illegal
transit through the territory of the Republic of Belarus, i.e. violation of the visa
regime or period of stay in the Republic of Belarus. In this case, the foreign
woman had the registration in the Republic of Belarus; a visa for entry/exit
from the territory was not required. Foreigners stay in Brest legally subject to
bilateral or multilateral visa-free agreements between the Republic of Belarus
and the states of their citizenship. Thus, violation by the Republic of Poland of
its obligations to accept asylum applications can be considered as “unforeseen
circumstances preventing further movement of a foreigner” (Provision 11 of
the Decree of the Council of Ministers of the Republic of Belarus of January 19,
2006 No. 63 On the Approval of the Rules of Transit of Foreign Citizens and
Stateless Persons through the Territory of the Republic of Belarus).
13
Requests for help
Legal advice
In total, during the first 6 months, 142 consultations (including the one with
a family on several issues) were held. Most common are questions on the
possibility to get refugee status or residence permit in the Republic of Belarus,
as well as clarification of the necessary grounds for that (there were 25 such
consultations). In addition, refugees (16 individuals) were interested in the
employment procedures of the Republic of Belarus. In this case, we explain
them in detail on which grounds they can be eligible for the legalization in the
Republic of Belarus.
One of the most important issues is the preparation for the procedure of
application for the Belarusian temporary residence permit (testing, fingerprints
registering, obtaining a certificate of criminal record, etc.)
The interview at the border is the only moment when a refugee has an
opportunity to speak to the people who would determine whether to accept
or not his/her application to get a refugee status. It’s important to prepare
the application for international protection properly because the applicant can
understand better which questions and for which reason will be asked during
the interview. Additionally, the contents of the questionnaire allow a refugee
to take into account issues which are essential to be mentioned during the
14
interview with border guards. Considering the emotional and physical state
of people who daily go through this procedure, possessing the documents
prepared in advance helps them feel more confident (according to refugees)
and gives hope that a structured narrative would increase their chance to pass
the border. In addition, we tell people what the interview is like. Within this
period, we provided legal advice on this issue to at least 24 individuals.
Citizens who decided to submit an appeal against the denial to cross the border
contacted us twice. Being misinformed and afraid, people sign the documents
stating that they are refused to cross the border due to the absence of a visa.
However, in accordance with both international and Polish national legislation,
an individual applying for a refugee status does not need a visa. But people
automatically continue to sign the papers which recognize them as “tourists”.
Our task is to explain to refugees their legitimate rights and offer a possibility
to submit an appeal against the denial of border guards. It should be noted
that only some of the refugees use this option because of the fear of possible
negative consequences of an appeal against the border guards’ actions.
15
16
Other activities
Besides, within this period we held workshops for children and their parents,
where children could paint, mould and do simple crafts, drink tea with sweets
and talk to each other. Additionally, during workshops coaches talked about
legal issues, rights, European family culture and traditions. We believed that
such meetings would help children to get back the sense of security, play and
talk, as well as help mothers and fathers to be prepared for further integration.
During this period, we held 13 workshops visited by 98 people, 42 of them
were adults (parents), 29 girls and 27 boys.
17
Free legal consultations
Brest and Brest oblast
Monday — Friday
10.00 — 18.00
Mobile/WhatsApp
+375 29 370 4556
M bresthc@gmail.com
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