Author
National forms of protection
LITP does not provide national forms of protection. There is, however, the posibility of granting a temporary stay on humanitarian grounds to, among others, survivors of trafficking in human beings (see Guarantees for vulnerable groups of asylum applicants).
In accordance with the Law on Foreigners, temporary stay for humanitarian reasons[1] shall be granted to a third-country national in the following cases:
- if, as a victim of human trafficking, they have accepted an assistance and protection program;
- if they are a minor who has been abandoned, or is a victim of organized crime, or has for other reasons been left without parental care, guardianship, or is unaccompanied;
- to a third-country national who, up until the date of the application, has held refugee status[2] for at least ten years, or who is covered by a program for reconstruction, return, or housing care for refugees from the Republic of Croatia, as evidenced by a certificate from the state administration body competent for housing;
- if the person cooperates with the competent authorities and their participation is necessary in criminal proceedings conducted against an employer who employed them illegally;
- due to serious justified reasons of a humanitarian nature (for example, if due to particularly severe health reasons or advanced age, they have not regulated their stay in the Republic of Croatia, or if during their stay in the Republic of Croatia it was established that they are a victim of domestic violence or violence against women).
In case when application is submitted due to serious justified reasons of a humanitarian nature, along with other documentation attached to the application for temporary stay, pursuant to the 2026 amendments to the Ordinance on the Stay of Third-Country Nationals in the Republic of Croatia, the individual must also provide documentation substantiating the stated purpose. This could include: proof that, due to exceptionally grave medical reasons or advanced age, they failed to regulate their stay in the Republic of Croatia, or that during their stay in the Republic of Croatia, they were established to be a victim of domestic violence.[3]
Return procedure
The Ombudswoman’s 2025 Annual Report states that, according to MoI data, out of 16,409 irregular migrants that were recorded in Croatia in 2025, 5,730 individuals were issued a decision with a period for voluntary departure, of whom 2,608 actually left the country. Furthermore, expulsion decisions ordering forced removal were issued to 6,295 persons, while forced removal decisions with a period for voluntary departure were issued to 1,276 individuals.[4]
In June 2023, the Memorandum of Understanding between Croatia and Frontex was signed and aimed at establishing a collaboration in the return’s procedures of third country nationals.[5]
The 2025, the European Annual Asylum and Migration Report[6] noted that Croatia remains under significant strain regarding its return system, ranking third in the EU (after Cyprus and Greece) for the number of return orders issued relative to its GDP and population.
In her Annual Report for 2025, the Croatian Ombudswoman noted that, according to data from the MoI, 16,409 irregular migrants were recorded in Croatia in 2025. Out of this number, 5,730 persons received a return decision with a period for voluntary departure, and 2,608 of them left the country. An expulsion decision, ordering forced removal from the country, was issued to 6,295 persons, while a decision on forced removal with a period for voluntary departure was issued to 1,276 persons.[7] It is to be noted that these numbers represent the general numbers for irregular migants and not just numbers relating to the applicants for international procedure who entered Croatia in irregular way.
When taking a negative decision on an application for international protection it shall also be decided on a measure to ensure the return of the applicant pursuant to the provisions of the Law on Foreigners. When determining a return measure, priority shall be given to voluntary departure, unless the application has been rejected as manifestly unfounded because the applicant does not meet the conditions for asylum or subsidiary protection and circumstances exist for a decision to be made in an accelerated procedure, or a subsequent application has been dismissed as inadmissible.[8] In practice, this usually means that the decision sets a deadline for leaving the European Economic Area. In accordance with the Law on Foreigners, when determining the deadline for voluntary departure, vulnerabilities and personal circumstances are taken into account, and the deadline may not be shorter than 7 days or longer than 30 days.[9] The deadline for voluntary departure may be challenged through a lawsuit against the decision on the application for international protection.
In 2024, Croatia launched some new AMIF-funded initiatives to support the return of former applicants for international protection. These included a project to establish a more effective and equitable return system, to ensure access to legal assistance and representation during return procedures, as well as dedicated activities aimed at facilitating translation and interpretation throughout the return process.[10] In 2025, the project “Translation and Free Legal Aid in the Return Procedure” was expanded to contract more translators.[11]
[1] Article 79(1) Law on Foreigners.
[2] It must be noted that this status is not a refugee status in accordance with the 1951 Refugee Convention, but rather a status for persons fleeing from a homeland war.
[3] Article 22 Ordinance on the Stay of Third-Country Nationals in the Republic of Croatia.
[4] Ombudswoman: Annual Report for 2025, available at: https://www.ombudsman.hr/hr/download/izvjesce-pucke-pravobraniteljice-za-2025-godinu/?wpdmdl=23118&refresh=69cd1d3691f351775050038
[5] Ministry of Interior: Vice President Božinović presented the Memorandum of Understanding in the field of returns between the Republic of Croatia and Frontex, 13 July 2023, available at: https://bit.ly/4b4GuKj.
[6] Communication from the Commission to the European Parliament and the CounciL; The European Annual Asylum and Migration Report (2025), available at: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52025DC0795.
[7] Ombudswoman: Annual Report for 2025, available at: https://www.ombudsman.hr/hr/download/izvjesce-pucke-pravobraniteljice-za-2025-godinu/?wpdmdl=23118&refresh=69cd1d3691f351775050038.
[8] Article 37 LITP.
[9] Article 184 (3) in connection with Article 182, Law on Foreigners.
[10] EUAA: National Asylum Developments 2025, page 22, available at: https://euaa.europa.eu/sites/default/files/publications/2025-06/2025_National_Asylum_Developments_EN.pdf.
[11] EUAA: National Asylum Developments 2026, available at: https://www.euaa.europa.eu/sites/default/files/publications/2026-04/2026_National_Asylum_Developments_EN.pdf.