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Adequate support during the interview
The IPA is not very specific about the special procedural guarantees available to vulnerable groups. The law provides that special support is provided in the asylum procedure to persons with vulnerabilities,[1] and that the interviews have to be conducted accordingly, having regard to the personal and other circumstances of the individual, including their vulnerability.[2] If needed the personal interview can be conducted in shorter intervals spread over several days.[3] A child’s asylum application can be postponed for up to 48 hours if there are justified reasons to do so.[4]
If a person is not able to understand the meaning of the international protection procedure due to a temporary or permanent mental disorder or illness or for other reasons, they must be assigned a legal guardian.[5] As mentioned above (see Screening of vulnerability), legal guardians are reluctant to represent adults who are unable to participate in the procedure independently, due to the position of the Migration directorate that a legal guardian can be paid only if they represent an unaccompanied minor. In addition, legal guardians are only trained to represent unaccompanied minors and not adults.
Apart from these rules, no special measures exist in law for the support of persons with vulnerabilities in terms of their participation in asylum procedures. Moreover, these provisions are rarely used in practice. Whether an individual’s vulnerabilities are taken into account during the interview depends on the person conducting the interview. Female asylum seekers often face difficulties when requesting female interpreters during their interviews. Interviews with children are not adjusted to children’s needs, and often not conducted in a child-friendly manner. The psychological state of children is not taken into consideration during the interview and during the procedure.[6]
In addition, the IPA no longer allows applicants to be accompanied by a person of their own choosing for support during the personal interview.
The Migration directorate does not have a specific unit dealing with vulnerable groups. The Ministry of the Interior does not have specific guidelines on interviewing vulnerable applicants instead officials should follow the EUAA guidelines. According to the Migration directorate, in 2023 EUAA organized a two-day training on Interviewing children and Identifying vulnerability. In addition, two officials were trained on the following modules by the EUAA: Asylum seekers with different sexual orientations, gender identities and expression of gender characteristics, Victims of gender-based violence, Introduction to coaching and Relocation. In addition, the EUAA conducted several trainings for the Migration directorate as part of the EUAA operational plan. In line with the EUAA operational plan four officials became national trainers for the Trafficking of Human Beings module, one became a national trainer on Dublin procedures, two on Interviewing vulnerable persons and 3 on Interviewing children. In addition, 21 officials attended the training on Introduction to vulnerability and Working with the translator, 6 attended the training on Interviewing children, 1 attended the Training in communication with children in reception and 3 attended the module on Communication with children.[7]
Although all officials receive training on conducting interviews with vulnerable applicants, in practice, the way vulnerability is taken into account during the interview differs based on the official conducting the interview.[8]
The lack of stricter protocols often results in asylum seekers not being identified early enough and not receiving proper arrangement despite their entitlement to special procedural guarantees.
Exemption from special procedures
The Accelerated Procedure and the Border procedure (border and transit zones) may also be used in the case of applicants belonging to vulnerable groups. Unaccompanied children’s applications can only be rejected in the accelerated procedure as manifestly unfounded in two cases: on grounds of Safe Country of Origin; and where the child presents a threat to national security or public order.[9]
[1] Article 14(2) IPA.
[2] Article 37(1) IPA.
[3] Article 13(3) IPA Rules on the procedure for aliens who wish to apply for international protection in the Republic of Slovenia and on the procedure for accepting applications for international protection.
[4] Article 9(2) Rules on the procedure for aliens who wish to apply for international protection in the Republic of Slovenia and on the procedure for accepting applications for international protection.
[5] Article 19(1) IPA.
[6] Observation by the PIC.
[7] Official statistics provided by the Ministry of the Interior, March 2024.
[8] Observation by the PIC.
[9] Administrative Court, Decision I U 1544/2017, 31 July 2017, available at: http://bit.ly/2oU9EY7.