[excerpt]

Republic of Poland

Act on Aliens of 13 June 2003

[…]

Art. 34

1.The residence visa shall be issued to a minor alien born on the territory of the Republic of Poland, at the request of his / her legal representative, who resides on the territory of the Republic of Poland on the basis of a visa.

2.If a minor referred to in sec. 1 has been recorded in the travel document of his / her legal representative, the visa issued formerly to a legal representative shall be cancelled and replaced by a new visa issued for both a legal representative and a minor.

3.The periods of residence and validity of a visa issued to a minor shall expire at the same term as periods of residence and validity of a visa issued to a legal representative. In the case referred to in sec. 2 the periods of residence and validity of a visa shall expire at the term indicated in the cancelled visa.

[…]

Art. 74

1.The identity Polish document for an alien may be issued to a minor alien born on the territory of the Republic of Poland and residing on this territory without the parental care, if he / she does not possess a travel document and obtaining a different travel document by that alien is not possible. The identity Polish document for an alien may be issued if it is not in contrary to the interest of the Republic of Poland and its issue is justified by the interest of the child.

2.In particularly justified cases, if it is in good interest of the Republic of Poland, an alien who does not possess citizenship of any country and resides on the territory of the Republic of Poland without having a travel document may be issued the identity Polish document for an alien, if obtaining by that alien a new document confirming his / her identity is not possible.

3.The identity Polish document for an alien shall be valid for one year. After expiry of its validity, the successive document may be issued for a period not exceeding 2 years.

4.The identity Polish document for an alien shall be issued:

1) in the case referred to in sec. 1 - ex officio or upon an application of a legal representative of a minor.

2) in the case referred to in sec. 2 – upon an application of an alien.

5.The identity Polish document for an alien shall confirm the identity of the alien within the period of his/her residence in the territory of the Republic of Poland but shall not confirm his / her citizenship. That document does not entitle to cross the border.

6.An alien who was issued the identity Polish document for an alien shall not be exempted from the obligation to obtain a visa, the residence permit for a fixed period or the permit to settle.

[…]

Art. 94

1.The decision on expulsion of a minor alien to his / her country of origin or to another country shall be executed only when the care will be provided to him/her in such a country by parents, other adults or by competent care institutions in accordance with the standards provided for in the Convention on children’s rights, signed at New York, 20 November 1989 (J. L. of 1991, No 12, it. 526 and J. L. of 2000, No 2, item 11).

2.A minor alien may be expelled only under the care of the legal representative. That provision may not apply if the manner of executing of the decision on expulsion provides that the minor shall be handed over to the legal representative or to the representative of the competent agencies of the country to which the expulsion is carried out.

[…]

Art. 105

1. While rendering the ruling on placing an alien in the guarded centre or in the arrest for the purpose of expulsion, the court shall undertake the necessary measures to protect an alien’s property. The court shall also notify of the ruling rendered:

1) the appropriate diplomatic mission or consular office - upon the consent of the alien concerned;

2) the guardianship court, if there is a need to provide care for his/her children, being under his/her care;

3) a social assistance agency, if there arises the need to take care of an infirm or ill person of whom the alien has taken care,

4) the person indicated by an alien.

2. An alien shall be informed by the court, in a language he/she understands, of activities undertaken, orders rendered and the rights he/she is granted during the procedure before the court.

[…]

Art. 115

1. Aliens of different sex shall be placed separately.

2. If it is possible, an alien placed in the guarded centre together with a minor remaining under his / her care, shall be provided with the same room for aliens

3. An unaccompanied minor staying in the guarded centre shall be placed in the separated part of the centre in the manner that makes his / her contact to adults placed in the centre not possible.

4. If it is possible, aliens who - according to their declaration - are the closest members of the family shall be placed at their request in the same room for aliens.