Admissibility procedure

Croatia

Country Report: Admissibility procedure Last updated: 12/01/21

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General (scope, criteria, time limits)

No specific procedure is designated as “admissibility procedure” in Croatia. However, it is possible for the Department for International Protection procedure to take a decision without entering into a further in-depth examination of the application (i.e. an examination on the merits) when the grounds for the dismissal of the application are met.

An application will be dismissed where:[1]

  1. The applicant has been granted international protection in another member state of the European Economic Area;
  2. The applicant has been granted international protection in a third state whose rights he or she still enjoys, including the guarantees stemming from non-refoulement, provided that he or she will be received back into that state;
  3. It is possible to apply the concept of Safe Third Country;
  4. It is possible to apply the concept of European safe third country;
  5. The responsibility of another member state of the European Economic Area is established to consider the application; or
  6. The application was lodged by a national of a member state of the European Union.

There are no specific time limits that must be respected by the Ministry of Interior in the first instance procedure for delivering a dismissal decision, and the rules governing the regular procedure are applicable.

In case of a subsequent application,[2] the admissibility of the application shall be assessed on the basis of the facts and evidence it contains, and in connection with the facts and evidence already used in the previous procedure. If it is established that the subsequent application is admissible, a decision shall be rendered once again on the merits of the application, and the previous decision would be revoked.

The subsequent application would be dismissed if it is established that it is inadmissible i.e. if the subsequent application is not understandable and does not contain relevant facts and evidence which arose after decision became final or which the applicant for justified reasons did not present during the previous procedure relating to establishing the meeting of the conditions for approval of international protection (see section on Subsequent Applications).

A total of 140 applications were dismissed as inadmissible in 2018, however no information is available for 2019.

Inadmissibility decisions: 2018

Ground for inadmissibility

Number

 

Safe third country

29

 

Responsibility of another European Economic Area Member State

47

 

European Union Member State national

1

 

Subsequent application

63

 

Total

140

 

Source: Ministry of Interior.

 

Personal interview

 

The interview is conducted by the Ministry of Interior (i.e. by decision makers from the Department for International Protection Procedure). According to the LITP, the personal interview would not be undertaken if the admissibility of a subsequent application is being assessed.[3] In such cases, usually only the applicant makes application in writing i.e. fills in form stating the reasons for subsequent application and explaining why those reasons were not mentioned in the previous procedure.

 

Appeal

 

According to the LITP the deadline for appealing a dismissal decision before the Administrative Court is 8 days after the delivery of the decision of the Ministry of Interior.[4]

As for suspensive effect, the LITP provides all appeals with suspensive effect, except for appeals against dismissal decisions on “first country of asylum” grounds where the applicant has refugee status in another country[5] or when a subsequent application is dismissed.

 

Legal assistance

 

Regarding free legal assistance in “inadmissible” cases, the general provisions about the right and access to free legal assistance apply, meaning that free legal aid in terms of representation is not foreseen in the first instance procedure, but only in the preparation of a claim to the Administrative Court, including representation before the Administrative Court,[6] if requested by the applicant (see section on Regular Procedure: Legal Assistance).

 


[1] Article 43(1) LITP.

[2] Article 47 LITP.

[3] Article 35(8)(3) LITP.

[4] Article 43(3) LITP.

[5] Article 51(1)(2)-(3) LITP, citing Article 43(1)(1)-(2) and Article 43(2) LITP.

[6] Article 60 LITP.

 

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation