Number of staff and nature of the first instance authority

Author

Croatian Law Centre Visit Website

Asylum matters are under the responsibility of the Directorate for immigration, citizenship and administrative affairs, under which the Sector for foreigners and international protection is divided into following organisational units dealing with asylum matters:[1]

1. Service for international protection

• Department for international protection procedure
• Department for Dublin procedure
• Department for integration

2. Service for reception and accommodation of applicants for international protection

• Reception centre for applicants of international protection in Zagreb
• Reception centre for applicants of international protection in Kutina

The Department for international protection procedure of the Ministry of Interior is an administrative authority responsible for examining applications for international protection and competent to take decisions at first instance. In September 2020, a new Decree on the internal structure of the Ministry of Interior entered into force,[2] and was amended in 2022.[3] The same organisational units were responsible for asylum related matters in the course of 2023.

In 2022, employees of the Service for International Protection, attended two national workshops organized under the curriculum of the European Agency for Asylum (EUAA). Furthermore, 13 employees of the Service for Reception and Accommodation attended various workshops in the field of reception and accommodation with special emphasis on the vulnerable groups in need of special reception/procedural guarantees (e.g. unaccompanied children, GBV survivors). Workshops were organized by EUAA, UNHCR, Council of Europe, UNICEF, Croatian Red Cross, Frontex, Judicial Academy and State school for public administration.[4] No detailed information is available for 2023, however according to the Ministry of Interior, the training of officials is continuously carried out through the EUAA curriculum, as well as through workshops organized, for example, by the UNHCR, the Croatian Red Cross and the Croatian Law Centre.[5]

According to the Ombudsman’s report for 2023,[6] due to the high number of applicants for international protection, it would be necessary to increase the number of officials who conduct procedures but also those who are in charge of the reception of applicants.

Croatia has a single procedure for international protection. The Department for international protection procedure examines whether the applicant fulfils the eligibility criteria for refugee status and, failing that, subsequently examines whether the applicant is eligible for subsidiary protection. The civil servants working in the Department for international protection procedure issue a decision on the application based on their findings following an interview with the applicant, taking into account all the relevant facts and circumstances arising from the application, the applicant’s position and personal circumstances (including sex and age) based on the testimony presented during the interview, the evidence submitted and available country of origin information and if necessary information about the country through which s/he travelled, as well as the activities of the applicant after leaving the country of origin to assess whether these activities might expose him/her to persecution or serious harm if they are returned to that country. The existence of an internal protection alternative in the country of origin, and the possibility for the applicant to obtain the protection of his or her alleged country of nationality, are also considered when taking a decision.[7]

When deciding on the credibility of the applicant’s statements, the person conducting the procedure should abide by the principle of the benefit of the doubt.[8]

As far as the Croatian Law Centre is aware, the Head of the Department for international protection procedure reviews all decisions in order to ensure the quality of decisions.

[1] This Sector further includes unites responsible for other migration-related matters, e.g., citizenship, legal residence of foreigners, visas etc.

[2] Decree on the internal structure of the Ministry of Interior, Official Gazette 97/2020, available in Croatian at: https://bit.ly/2Rrj1zK.

[3] Amendments of Decree on the internal structure of the Ministry of Interior, Official Gazette 7/2022  available in Croatian at: https://bit.ly/3n6iDGG; Amendments of Decree on the internal structure of the Ministry of Interior, Official Gazette 149/2022  available in Croatian at: https://bit.ly/3TCOKKi.

[4] Croatian Law Centre, The Croatian Asylum System in 2022 – National Report. The report was prepared as part of the project “Legal Assistance and Capacity Building for Access to Territory and Asylum in Croatia“, with financial support of the UNHCR Croatia: available in English at: https://bit.ly/434T7RL.

[5] Information provided by the Ministry of Interior, 8 March 2024.

[6] Ombudswoman, Report of the Ombudswoman for 2023, available in Croatian at: https://bit.ly/4crt2kR.

[7] Articles 27 and 28 LITP.

[8] Article 29 LITP.