Special procedural guarantees

Author

Nikola Kovačević

None of the bodies that are tasked with conducting the asylum procedure (Asylum Office, Asylum Commission and Administrative Court) have specialised subdivisions to deal with the asylum claims of vulnerable applicants. As it was already outlined, the Asylum Act foresees that care will be taken during the asylum procedure of asylum seekers with specific needs, including minors, persons lacking or having limited legal capacity, children separated from their parents or guardians, persons with disabilities, the elderly, pregnant women, single parents with underage children and persons who had been subjected to torture, rape or other forms of grave psychological, physical or sexual violence.^[1]

In 2022, there were 10 decisions in which members of particularly vulnerable groups were granted asylum. However, in most of the cases their asylum procedure did not differ from any other procedure. Moreover, the length of the procedure can be described as extensive. However, it is important to note that in these decisions the Asylum Office took into consideration the vulnerability of the applicants’ in terms of their age, state of health, gender or psychological state.^[2] Also, there were several procedures which lasted between 3 to 8 months, which is more acceptable than the cases which lasted for more than 1 year. In 2023, there was only one case – previously mentioned – related to an Indian national who was granted refugee status.

Overview of the cases in which vulnerability was taken into account in positive decisions of the Asylum Office in the period 2021-2023

National law further foresees the exemption of unaccompanied children from accelerated and border procedures.^[3]

[1] Article 15 Asylum Act.

^[2] The most important decisions regarding vulnerable applicants are analysed in the Chapter C.1. – Asylum Practice in 2021.

^[3] Articles 40(4) and 41(4) Asylum Act.