Asylum MINISTRYOF INTERIOR POLICE DIRECTORATE BORDER POLICE DIRECTORATE 11.02.2014.
Legislation overview • Basic asylum legal act: • Law on Asylum • Additional legal acts: • Law on foreigners • Law on general administrative procedure • Law on administrative dispute • Law on Asylum regulates: • Principles and conditions for acquisition and cessation of asylum • Procedure for acquisition and cessation of asylum • Accommodation of asylum seekers during the procedure • Situation, rights and obligationsof asylum seekers and persons who were granted asylum
Legislation overview • On the basis of the Law on Asylum, 7 by-laws were enacted: • Regulation on form and content of asylum application and documents issued to asylum seekers, persons granted asylum or temporary protection • Regulation on house rules in the Asylum center • Regulation on records keeping and records content of persons accommodated in the Asylum center • Regulation on provision of accommodation and basic living conditions in the Asylum center • Regulation on social assistance for asylum seekers, or persons granted asylum • Regulation on health examinations of asylum seekers during reception in the Asylum center • Decision on determination of safe countries of origin and safe third countries lists
Institutional framework • Implementation ofthe Law on Asylum is a competence of: • Ministry of Interior- running a procedure in 1st instance and passing a 1st instance decision (Asylum Office) • Commissariat for Refugees and Migration - accommodation and provision of basic living conditions to asylum seekers and integration of persons who were granted an asylum (Asylum Centers) • Ministry of Labor, Employment and Social policy -care of persons with special needs and social welfare of asylum seekers and persons who were granted an asylum (Social Welfare Centers) • Ministry of Health Care - providing medical care to asylum seekers and persons who were granted an asylum (Health Centers)
Institutional framework • Procedural competence also belongs to: • Asylum Commission - decides of appeals taken against 1st instance decisions (running a procedure in 2st instance and passing a 2st instance decision) • Administrative Court - decides of suits taken against 2nd instance decisions - final decision
Legislative harmonization assessment • Relevant regulations and directives: • Geneva Convention on the status of refugees (with New York Protocol) • DUBLIN & EURODAC regulations • Asylum Procedures Directive • Qualification Directive • Temporary Protection Directive • Reception Conditions Directive
Administrative capacities • Analysis of current situation: • Capacities of Asylum Centers can not adequately accommodate all the asylum seekers • Capacity of Asylum Office is also insufficient • Planned activities on capacity enhancement: • To expand Asylum Office’s personal capacities; • To build another Asylum Center (or to expand the existing ones); • To acquire necessary equipment; • To create an effective integration system.
Administrative capacities • In order to temporarily bridge the shortcomings of the procedure, Serbian Government (under the proposal of the Ministry of Interior) formed working group which is consisted of representatives of various governmental agencies, ministries, international organizations and NGO’s. The working group was formed at the beginning of December 2013 • The main goal was to solve the lack of the capacities for accommodation of asylum seekers (already achieved through forming three new accommodation centers of temporary basis) • Other goals were to find the way to enhance all the procedural routines within the current legal framework. The group is expected to present its suggestions till the end of the February 2014
Statistics • Statistics for 2008 - 2013, by procedure stages:
Statistics • Statistics for 2008 - 2013, by type of decision:
Statistics • Statistics of asylum seekers influx for 2011 - 2013, by months: