Author
In Slovenia, the procedure for international protection is initiated in two phases. First, the individual expresses the intention to apply for international protection. Third-country nationals can express their intention before any state or local authority, which has the duty to inform the Police. From the moment someone has expressed an intention to apply for international protection, they cannot be deported from the country.[1] The Police conduct the “preliminary procedure”, during which they establish the identity and travel route of the individual and complete the registration form.[2] In line with the new amendments of the IPA, the police also establish ‘other circumstances’ that could affect the asylum procedure. The Police also have to inform the individual of the consequences of leaving the pre-reception area before lodging the application.[3] Throughout the procedure, the police must provide an interpreter, but this is often not the case due to a lack of available interpreters. The Police also take a short statement on the reasons for applying for international protection. The individual is then transferred to the Asylum Home, or its Logatec branch, where they start the second phase of the procedure by formally lodging their application for international protection.
Prior to lodging the application, the personnel at the Asylum Home or its Logatec branch conduct a medical examination and the staff of the Migration directorate take the person’s photograph and fingerprints, which are run through the Eurodac database after the asylum application is lodged.[4] Then, asylum seekers are shown an information video on the asylum procedure in Slovenia. The video contains information on the structure of the procedure, their rights and obligations as asylum seekers, the Dublin procedure, the right to appeal and representation by refugee counsellors. However, it does not provide information on the grounds on which international protection may be granted. It also does not include information about the NGOs working in the field of asylum, although this is required by the IPA.[5] The version of the informational video for unaccompanied minors also contains information on legal guardians. The informational video is not adapted for unaccompanied minors as it is the same in all other aspects as the version intended for adults.
The IPA does not provide free legal representation for applicants in the first instance procedure. This was provided by the PIC – Legal Centre for the Protection of Human Rights and the Environment,[6] and financed through the Asylum, Migration and Integration Fund (AMIF) to all asylum seekers until the end of April 2020. The AMIF project enabled PIC lawyers to represent all asylum seekers during the asylum procedure. Since then, PIC continues to provide free legal help and representation, albeit on a smaller scale. In 2023, the PIC assisted more than 776 asylum seekers. PIC lawyers provide legal information on asylum, represent asylum seekers during the application process and throughout the first instance procedure. A legal guardian is appointed to unaccompanied minors before the procedure begins and represents them in relation to the asylum procedure, reception, health protection, education and protection of property rights and interests, from the beginning of the application and throughout the entire procedure.[7]
In the process of lodging the application, the individual is asked to state their personal information and describe the journey from their country of origin to their arrival in Slovenia. They also give a brief statement about their reasons for applying for international protection. The procedure is carried out in the presence of an interpreter who, at the end, orally translates the contents of the minutes for the applicant. If the individual has a legal representative or legal guardian, they are also present during the procedure. By signing the minutes, the applicant officially obtains the status of an applicant for international protection in the Republic of Slovenia.
First instance procedure: At first instance level, the international protection procedure is carried out by the Ministry of the Interior, specifically the International Protection Procedures division of the Migration directorate.
Following the lodging of the application, usually within one month, a personal interview is conducted, during which the applicant is expected to provide detailed grounds for asylum (“first interview on the merits”). Alternatively, if a link to another Member State pursuant to the Dublin Regulation is detected, the applicant is invited to an interview for determination of the responsible country (“Dublin interview”). If it is determined in the Dublin procedure that Slovenia is responsible, the first interview on the merits is carried out.
Following the first interview on the merits, the case is referred to a “decision-maker”, who organises another interview on the merits if needed, and takes an in-merit decision on the case. For applicants who lodged their application after November 2021, when the amendments of the IPA came into force, negative decisions also contain a return decision. Applicants are given 10 days for voluntary return by law,[8] counting from the moment the decision becomes enforceable,[9] and are subjected to a one-year entry ban,[10] that comes into force only if the person does not leave Slovenia within the timeframe for voluntary return.[11] The decision also mentions that, should the applicant not leave Slovenia voluntarily, they will be removed from the territory.
An accelerated procedure is also possible pursuant to the IPA.[12] There are only a few minor differences compared to the regular procedure, such as the deadline for judicial review. In addition, in the accelerated procedure, the application can only be rejected as manifestly unfounded.[13] The first instance decision in the accelerated procedure should be issued within two months of the lodging of the application.[14]
Pursuant to the law, an application can also be dismissed based on the “safe third country” or “European safe third country” concepts.[15] However, Slovenia does not currently implement such mechanism, and no country is designated as a safe third country.
An application lodged by an unaccompanied minor can only be processed in the accelerated procedure if it is rejected as manifestly unfounded on grounds of “safe country of origin” or “if there are good reasons to believe that the applicant poses a threat to public order, public safety or national security of the Republic of Slovenia or has been removed from the country due to good reasons of endangering public order, public safety or national security.”[16]
As in the regular procedure the decision rejecting the application as manifestly unfounded in an accelerated procedure also contains the return order. Applicants are given 10 days for voluntary return by law,[17] counting from the moment the decision becomes enforceable,[18] and are subjected to a one-year entry ban,[19] that comes into force only if the person does not leave Slovenia within the timeframe for voluntary return.[20] The decision also mentions that, should the applicant not leave Slovenia voluntarily, they will be removed from the territory.
Prioritised examination of claims is possible pursuant to the IPA, if the applicant is a vulnerable person with special needs and/or if the applicant is detained in the Asylum Home or the Foreigners Centre. However, in line with the amended IPA, this will only take place if their application is substantiated.[21] In practice, prioritised examination is not often used and individuals usually have to wait from 6 months to 2 years for a decision.[22]
Appeal: Applicants cannot appeal decisions issued in the international protection procedure, but they can file an administrative dispute.[23] This is a judicial review of an administrative action, which is initiated by filing a lawsuit against the Ministry of the Interior. In the court proceedings that follow, the applicant for international protection acts as plaintiff and the Ministry of the Interior as defendant. The Administrative Court of the Republic of Slovenia, with headquarters in Ljubljana, decides on judicial review requests.[24]
The amendments to the IPA shortened the timeframe within which an individual can apply for judicial review. The applicant still has 15 days to apply for judicial review of a decision taken in the regular procedure but the timeframe in the accelerated procedure was shortened from eight to three calendar days.[25] The appeal deadline for all other decisions was also shortened from eight days to three.[26] Judicial reviews have suspensive effect in the case of rejected applications, rejected requests for extension of subsidiary protection, revocations of international protection status, cessation of the status based on withdrawal, safe third country decision, or dismissed subsequent application. In all other cases, the appeal does not have suspensive effect,[27] but the applicant can prevent enforcement, especially of return or removal, by adding a request to this effect in their application for judicial review.
Since the amendments to the IPA, decisions of the Administrative Court can be challenged by way of appeals to the Supreme Court.[28] However, the Administrative Court’s decisions taken on applications lodged before the entry into force of the new amendments[29] remain final and can only be challenged with extraordinary legal remedies.
In both cases, an appeal to the Constitutional Court is also possible.[30]
The lengthiness of the procedure depends of the type of decision issued and the possibility to appeal to the Supreme Court. According to the law, first instance regular procedures need to be concluded within six months,[31] however this is often not respected. In the regular procedure, individuals usually have to wait from 6 months to 2 years for the first instance decision. If the first instance decision was made in the regular procedure the law prescribes that the decisions of the Administrative and the Supreme Court need to be made in 30 days.[32] In practice this is also not respected, which leads to excessively long procedures. The procedure before the Administrative Court can take up to 2 years while the procedure before the Supreme Court can take several months, making the lengthiness of the procedure one of the most significant shortcomings of the Slovenian asylum system.[33]
[1] Article 36(1) IPA.
[2] Articles 42(1)-(2) IPA.
[3] Article 42(2) IPA.
[4] Articles 42(4)-(5) IPA.
[5] Article 5(1) IPA.
[6] The website of PIC can be accessed at: http://pic.si/.
[7] Articles 16(1) and (3) IPA.
[8] Article 49(10) IPA.
[9] Article 49(11) IPA
[10] Article 49(13) IPA.
[11] Article 67(2) Foreigners Act.
[12] Article 49(1) IPA.
[13] Ibid.
[14] Article 47(1) IPA.
[15] Articles 53-60 IPA.
[16] IPA 49(2).
[17] Article 49(10) IPA.
[18] Article 49(11) IPA
[19] Article 49(13) IPA.
[20] Article 67(2) Foreigners Act.
[21] Article 48 IPA.
[22] Observation by the PIC, March 2024.
[23] Article 70(1) IPA.
[24] Article 9(6) Administrative Dispute Act.
[25] Ibid.
[26] Article 70(2) IPA.
[27] Article 70(3) IPA.
[28] Article 70(4) IPA.
[29] The new amendments came to force on 09 November 2021.
[30] Article 72 IPA.
[31] Article 47(1) IPA.
[32] Article 71(1)(4) IPA.
[33] Observation by the PIC,