Author
General (scope, time limits)
The LITP foresees a border procedure. Two Transit Centres for Foreigners were built and opened in 2017, one in Tovarnik at the border with Serbia and another in Trilj near the border with Bosnia and Herzegovina.
At the moment, the border procedure provided under the LITP does not take place in those two centres. According to information provided by the Ministry of Interior in March 2024, the border procedure is not being applied in Croatia.[1]
According to the LITP, the border procedure would be applicable to foreigners who express the intention of lodging an application or make a subsequent application at a border crossing point or in a transit zone of an airport, sea port or internal water port, provided that the following conditions are met:
- The applicant is provided with material reception conditions; and
- The application or subsequent application may be rejected as manifestly unfounded if the applicant does not meet the conditions for asylum or subsidiary protection and conditions are met for the accelerated procedure to be conducted, or the application or subsequent application may be dismissed in accordance with Article 43 LITP.[2]
However, if a decision concerning the application is not issued within the period of 28 days from the day of the lodging of the application for international protection, the applicant would be permitted entry to the Republic of Croatia with a view to conducting the regular procedure.[3]
Personal interview
As border procedures is not conducted at the moment, no information can be provided on personal interviews.
Appeal
The border procedure is foreseen by the LITP, but it is not applied in practice. By law, lawsuits against decisions in the border procedure have a suspensive effect,[4] and are subject to shorter time limits: a lawsuit to the Administrative Court against a decision of the Ministry of Interior made in the border procedure must be lodged within five days from the day of the delivery of the decision. The Ministry shall deliver the case file no later than eight days from the day of receipt of the decision by which the Administrative Court requests the case file. The Administrative Court shall issue a judgment within eight days from the day of receipt of the case file.[5]
Legal assistance
According to the LITP, applicants in all types of procedures shall have access to free State-funded legal aid in the preparation of a lawsuit to the Administrative Court, including representation before the Administrative Court if so requested by the applicants. However, this could be restricted, as the LITP allows the possibility to temporarily restrict access to locations where border procedure is conducted (and therefore to applicants accommodated there) for the applicant’s legal representative or a representative of an organisation engaged in the protection of refugee rights, other than UNHCR, when it is necessary for the protection of the national security and legal order of the Republic of Croatia.[6]
[1] Information provided by the Ministry of Interior, 8 March 2024.
[2] Article 42(1) LITP. Article 43 LITP establishes: “(1) The Ministry shall render a decision dismissing an application if: 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 country whose rights they still enjoy, including the guarantees arising from Article 6 of this Act, provided that the applicant will be received back into that country; 3. it is possible to apply the concept of a safe third country pursuant to Article 45 of this Act; 4. it is possible to apply the concept of a European safe third country, pursuant to Article 46 of this Act; 5. the responsibility of another member state of the European Economic Area to examine the application has been established; 6. the application was lodged by a national of a Member State of the European Union. (2) The Ministry shall render a decision to dismiss a subsequent application if it assesses that it is inadmissible pursuant to Article 47, paragraph 6 of this Act. (3) No appeal is permitted against a decision to dismiss an application or subsequent application, but it is possible to bring law suit before the Administrative Court pursuant to Article 51 of this Act within eight days of the day of service of the decision.”
[3] Article 42(4)-(5) LITP.
[4] Article 51(1) LITP:
[5] Article 42(6) LITP.
[6] Article 42(3) LITP.