General (scope, time limits)
The procedure for granting international protection in Croatia is an administrative procedure regulated by the Law on International and Temporary Protection (LITP). Additionally, the Law on General Administrative Procedure is applied in the procedure, unless otherwise provided by the LITP. Articles 38-40 of LITP regulate the regular procedure.
The first instance decision can be a decision by which the Ministry of Interior:
- Grants refugee status (asylum);
- Grants subsidiary protection;
- Rejects the application if the applicant does not meet the conditions for asylum/refugee status and subsidiary protection;
- Rejects the application if the conditions are met for exclusion;
- Rejects the application as manifestly unfounded if reasons for the accelerated procedure have been met;
- Dismisses a subsequent application as inadmissible; or
- Discontinues the procedure.
The Ministry of Interior’s Department for international protection procedures has the obligation to take a decision on the application for international protection within six months from its lodging. If no decision can be issued within six months, the applicant shall be informed of it in writing and, at their request, shall be provided with information about the reasons for the failure to respect the time limit and about the time needed before which they may expect a decision. The six-month time limit may be exceptionally prolonged for additional nine months and another three months. It may be extended for a further nine months if:
- The application includes complex facts and/or legal issues;
- A large number of third-country nationals or stateless persons are requesting international protection at the same time; or
- The applicant, through their actions, contrary to their obligations as applicant, causes the time limit to be extended.
However, this time limit may be extended for a further three months exclusively in order to ensure the complete consideration of the application.[1]
The Ministry of Interior does not keep records on the duration of the first instance procedure.[2]
If it is reasonable to expect that no decision will be issued within these time limits on account of a temporary unsafe situation in the country of origin, the Ministry shall check the situation in the country of origin at least every six months and inform the applicant and the European Commission within a reasonable time of the reasons for failure to issue a decision. In that case, a decision must be issued no later than within 21 months from the day the application is lodged.[3]
Prioritised examination and fast-track processing
Applications by unaccompanied children are prioritised as specified by the LITP.[4] Additionally, applications which may be approved on the basis of the established facts (meaning that international protection will be granted) also have priority in decision-making.[5]
According to the Ministry of Interior, priority in the decision-making process is given to applications of unaccompanied children. In addition, a prioritised examination is conducted in the cases of vulnerable groups, accelerated procedure, subsequent applications and for applicants with restricted freedom of movement. [6]
Personal interview
After a short initial interview conducted by the officials from the Reception Centre for Applicants for International Protection for the purpose of lodging an application, a substantive interview is conducted by the Department for international protection procedure of the Ministry of Interior. According to the LITP, when the application has been lodged, the Ministry of Interior shall, as soon as possible, interview the applicant. During the interview, the applicant is obliged to present all circumstances relevant to the application for international protection, truthfully answer all questions, and submit all available evidence to support the application and give credible and convincing explanations of all the reasons behind the application for international protection.[7]
Separate interviews are conducted for adult men and women from the same family. Accompanied children are covered by the application of one of the parents, i.e., legal representative,[8] so interviews are not held with children. Exceptionally, a child older than 16 years of age who is married may take part independently in the procedure for granting international protection.[9]
Officials of the Department for the international protection procedure are trained on interviewing techniques and interviewing vulnerable persons. An unaccompanied child shall attend the interview in person in the presence of the special guardian[10] (see Legal representation of unaccompanied children). The procedure upon the application of an unaccompanied child shall be conducted by an official of the Ministry of the Interior trained to work with children.[11]
If possible, applicants shall be provided ex officio with a translator/interpreter of the same sex in order to ensure a full explanation of the reasons for the application or for other justified reasons.[12] However, there is no information to what extent is this implemented in practice. The interpreter must be reliable, impartial and must translate truthfully and accurately during the procedure.[13]
The interview may be omitted:
- When a positive decision on application may be taken on the basis of the available evidence;
- In cases when an applicant is unfit or unable to be interviewed, owing to enduring circumstances beyond their control; or
- When the admissibility of a subsequent application is being assessed.[14]
The Ministry of Interior does not keep records of conducted interviews, however they reported that in 2023, for 12 applicants for international protection whose applications for international protection were rejected in accordance with Article 39, paragraph 4. of the LITP, the decisions were made without conducting an interview.[15] Article 39 regulates the suspension of procedure for international protection. However, paragraph 4 of Article 39 specifies that exceptionally the Ministry of Interior may, in the case referred to in paragraph 2, points 2 and 3 of Article 39 (i.e., when it is deemed that the applicant has withdrawn the application if the applicant does not respond to the summons to an interview, and does not justify such absence within 2 days of the scheduled interview (point 2) or leaves the place of residence for longer than 2 days without the consent of the Reception Center for Applicants of International Protection (point 3)), reject the applicant’s application if, on the basis of the established facts and circumstances, it assesses that the conditions for granting international protection have not been met. No information is available for 2024.
The LITP provides that the applicant shall give reasons if they refuse to cooperate with the official conducting the interview. The Ministry of Interior shall consider the reasons and shall inform the applicant orally for the record of its decision.[16]
All interviews are conducted by the caseworkers of the Department for international protection procedure within the Ministry of Interior, who are also responsible for taking decisions on the application. However, in practice it can happen that the official who takes the decision is not the same as the one who conducted the interview.
The interview can also be held using audio-visual electronic devices. A record of the interview must be drawn up in accordance with the Law on general administrative procedure. The interview and oral statements given on the record may be recorded, of which the applicant is informed in advance. Recordings or transcripts of recorded interviews and oral statements constitute, together with the record of the interview, an integral part of the applicant’s file.[17]
In 2023, one interview was held via video conference. Ministry of Interior reported that the lack of interpreters for certain language is a constant challenge that mostly depends on the changes in the demographic structure of the applicants for international protection.[18] No information is available for 2024.
However, the organization Are You Syrious (AYS)[19] reported challenges related to the interviews (i.e., they have received information on several occasions that applicants for international protection were notified of the date of the interview only the day before or even on the morning of the interview). Moreover, one applicant complained to AYS that they had been waiting for an interview for over 11 months, and another for over 9 months.[20]
Interpretation
Most applicants are interviewed in practice. According to the LITP, the presence of an interpreter during the personal interview is required in case an applicant does not understand the language in which the procedure is conducted. An interpreter shall be provided for the language that the applicant may reasonably be presumed to understand and in which the applicant is able to communicate.[21] In practice this means that the interpreter is present in all cases, except for cases in which the applicant understands Croatian (for example, in the past, when applicants were nationals of a neighbouring country such as Bosnia and Herzegovina).
According to the knowledge of the Croatian Law Centre, there is no specific code of conduct for interpreters in the context of the procedure for international protection, nor were standards prescribed in the past with regard to the qualifications of interpreters in the procedure for international protection. The LITP prescribes the conditions that have to be fulfilled in order for a contract to be signed between the Ministry of Interior and an interpreter.[22] The Ministry shall conclude an agreement with a translator/interpreter if:
- It is assessed that they have good knowledge of the Croatian language in writing and speech;
- It is assessed that they have good knowledge of the language for which they are being engaged;
- It is established that no circumstances exist that could represent a hindrance to employment in the civil service pursuant to the regulations on employment in the civil service;
- It is established that no security hindrances exist after the conducting of a basic security check pursuant to the regulations on security checks.
In addition, the interpreter must be reliable, impartial and must interpret truthfully and accurately. They are obliged to act pursuant to the regulations governing the protection of personal data, and especially may not disclose the data such as personal and other information collected during the procedure.
If for objective reasons it is not possible to provide an interpreter for a specific language, the Ministry of Interior shall request assistance from another Member State of the European Economic Area.
Interpreters are not professionally trained, and interpretation is not done by accredited interpreters in the majority of cases. Many of them are native speakers, however some of them are not fluent in the Croatian language. Usually, persons who simply possess the requested language skills are contracted by the Ministry of Interior. Nevertheless, there is a lack of interpreters, especially for some specific languages.
In 2023, it was observed that challenges occurred regarding translation in the procedure for international protection for applicants from Burundi as their interviews were conducted in the presence of an interpreter for the French language, instead of an interpreter for their mother tongue – Kirundi or Swahili. In 2024, a similar challenge occurred with regard to a Somali interpreter.
Within the AMIF fund, in July 2020, the Directorate for European Affairs, International Relations and European Union Funds adopted a Decision on the allocation of funds for the implementation of the project “Interpretation and expansion of the network of interpreters in the procedure for granting international protection”.[23]
According to the Ministry of Interior,[24] the lack of interpreters for certain languages is a constant challenge that mostly depends on the variable demographic structure of the applicants. Therefore, within the framework of the project “Interpretation and Expanding the network of interpreters in the procedure for granting international protection”, necessary activities are conducted to ensure the continuous availability of interpreters for the requested languages.
The LITP prescribes that interpretation can be provided by means of electronic telecommunications or audio-visual equipment.[25] In 2023, one interview was conducted via video conference.[26] No information is available for 2024.
Recording and transcript
During the interview, verbatim minutes of the interview are drafted. Once the interview is finished, the interpreter translates the minutes to the applicant who then has the opportunity to make corrections, interventions, as well as to add information if needed. Generally, in practice, the quality of the minutes is not considered problematic, although there were cases in the past in which minutes were not considered to be of sufficient quality by the applicants. It also depends on the interpreter, mainly whether they summarise the answers (which they should not do), or translate each sentence of the applicant (which is how they should translate). By signing the minutes, the applicant agrees with the content of the transcript.
However, in the Ombudsperson report for 2023, it was reported that CSOs and attorneys at law pointed out that not all statements made by the applicant are recorded in the minutes compiled during the procedure, but the content of the statement is often summarised, so it can happen that important details are lost which may result in an improperly established factual situation, i.e., an improper assessment that the applicant statement is incoherent, inconsistent or incorrect[27].[28]
Appeal
Appeal before the Administrative Court
Decisions of the Ministry of Interior may be challenged before the Administrative Court.[29] According to the law, the time limit for an applicant to lodge the lawsuit to the Administrative Court in the regular procedure is 30 days after the delivery of the decision of the Ministry of Interior.[30]
The Directorate for European Affairs, International Relations and EU Funds and the Ministry of the Interior of the Republic of Croatia (i.e., Directorate for Immigration, Citizenship and Administrative Affairs) signed, in March 2024, an Agreement on the Direct Allocation of Financial Resources for the implementation of the project “Free Legal Aid in the International Protection Procedure” under the AMIF Fund. The total value of the project amounts to EUR 400,000.00 including VAT, with 75% being co-financed by AMIF funds.The purpose of the project is to ensure free access to legal remedies and the protection of the rights of applicants for international protection.[31]
In June 2024, the Ministry of the Interior published a new Public Call for applications for candidates to add to the list of legal aid providers in the procedure of granting international protection before the 4 administrative courts in Croatia.[32] In accordance with the LITP and the Ordinance on Free Legal Aid in the International Protection Procedure, a legal aid provider may be either an attorney or a legal professional from an association registered for the provision of legal aid with the ministry responsible for justice affairs. The new list of selected legal aid providers is available here.
In the Croatian Law Centre’s experience, there is no information specifying that applicants face obstacles in challenging a decision in practice, although some issues arise with regard to legal assistance (see Legal assistance).
Each asylum case is examined by a single judge. Judges are not specialised on asylum matters, although from time to time some trainings are organised for judges. As documented in previous updates of this AIDA country report, several trainings have been organised by the Croatian Law Centre with the financial support of UNHCR since 2016.
In 2024, a training of Administrative court judges, financially supported by UNHCR, was held. The topic of the training was restriction of freedom of movement of applicants for international protection. 13 judges attended the seminar, which was held in the premises of the Judicial Academy.
In 2023, the launch of the Croatian version of the HELP (Human Rights Education for Legal Professionals) / UNHCR Course on Asylum and Human Rights took place. In May 2024, the Council of Europe HELP Programme, in partnership with the Croatian Justice Academy, launched the HELP course focusing on the protection of refugee and migrant children. The launch event was held in Zagreb, Croatia, and was attended by judges from across the country. The activity was organised under the EU-CoE HELP “Judicial Training on Rule of Law and Fundamental Rights” project, funded by the European Union’s Justice Programme.[33] At the event, UNHCR presented the protection situation of refugee and asylum-seeking children in Croatia. UNHCR highlighted the key challenge of providing appropriate family or community-based care arrangements, and underscored the importance of child-friendly procedures, alternatives to detention and family reunification.[34]
The court holds a hearing in the presence of the applicant in the majority of cases. Exceptions may occur when the applicant’s whereabouts are unknown. Interpreters are provided and paid by the State and available during the administrative dispute. The hearings are not public.
However, some challenges were observed in practice. One attorney at law stated that there are cases in which applicants for international protection are not invited to a hearing. This can happen in cases of subsequent applications but it also sometimes depends on the individual judge’s approach in a given case. The same attorney mentioned several cases where applicants were not invited to the hearing even though, at the time, they were accommodated at the Reception Centre for Applicants for International Protection. In these cases, the court rejected the motion to hear the applicant, explaining that it was not obliged to do so and that the applicant had already been interviewed during the administrative procedure, therefore considering a court hearing unnecessary. In one case, the court made the applicant’s hearing conditional on the advance payment of interpretation costs. The payment was made, and the applicant was eventually heard.[35]
In 2021, the Law on Administrative Disputes was amended introducing inter alia the possibility for the court to carry out the hearing remotely through the use of appropriate audio-visual devices.[36]
In March 2024, a new Law on Administrative Disputes was adopted, which entered into force on 1 July 2024.[37]
The court freely assesses the evidence and determines the facts. The court takes into account the facts established in the procedure leading to the contested decision, without being bound by the facts established in the procedure of the Ministry of Interior, as well as the facts it establishes independently. The parties may propose which facts should be established and the evidence by which they may be proven, but the court is not bound by these proposals. Evidence in terms of the Law on Administrative Disputes includes documents, witness testimony, experts’ opinions and findings, on-site investigations, the hearing of parties, and other means of proof.[38] In general, there is no time limit set in law for the Administrative Court to make a decision in the regular procedure. However, the judgment shall be announced within a period not exceeding 30 days from the date the hearing is concluded.[39] The judgment shall be delivered to all parties to the dispute in written or electronic form and dispatched within 15 days from the date of its announcment, or, if not announced, from the date it was rendered.[40]
The outcomes of the administrative dispute can be that the lawsuit is dismissed as inadmissible (and therefore not decided on the merits), rejected (i.e., decided negatively on the merits), or allowed. If the lawsuit is allowed, the Court can either refer the case back to the Ministry of Interior for the review procedure or it can change the decision by itself, meaning that the result is granting refugee or subsidiary protection status. The court decisions are not publicly available.
Administrative Courts reported the following decisions in 2024:
| Second instance decisions by Administrative Courts: 2024 | |||||
| Category | Zagreb | Rijeka | Osijek | Split | Total |
| Reforming judgment | 5 | 0 | 0 | 0 | 5 |
| Accepted – cases referred back to the Ministry of Interior | 15 | 0 | 0 | 0 | 15 |
| Rejected | 143 | 2 | 0 | 0 | 145 |
| Discontinued | 5 | 0 | 0 | 0 | 5 |
| Case referred to other Administrative court due to incompetence | 6 | 1 | 0 | 0 | 7 |
| Pending | 0 | 0 | 0 | 2 | 2 |
| Total | 174 | 3 | 0 | 2 | 179 |
Source: Administrative Court of Zagreb, 17 January 2025; Administrative Court of Rijeka, 31 January 2025; Administrative Court of Osijek, 27 January 2025; Administrative Court of Split, 31 January 2025.
As indicated above, almost all lawsuits were dealt with by the Administrative Court of Zagreb and more than half of them were rejected in 2024. The Administrative Court of Zagreb reported that from 174 cases, in one case subsidiary protection and in two cases asylum (refugee status) was granted.
The average processing time for administrative disputes in the procedure for granting international protection before the Administrative Court in Zagreb was 129 days in 2024 (and 120 days in 2023).
Onward appeal before the High Administrative Court
Applicants may lodge a further appeal against the Administrative Court decision before a High Administrative Court. According to the Law on Administrative Disputes, the High Administrative Court shall reject the appeal as unfounded and uphold the first-instance judgment (i.e., the judgment of the Administrative Court) when it determines that there are no reasons for the judgment to be challenged or that the reasons do not affect the adoption of a different decision. In addition, the High Administrative Court shall annul the first-instance judgment and shall solely remedy the deficiencies and resolve the matter by issuing a judgment if it determines that the administrative court has committed a substantial violation of the rules of court procedure, has erroneously or incompletely determined the factual state or has inaccurately applied the substantive law.[41] This means that the High Administrative Court can decide on the merits and can grant international protection.
This appeal, however, does not have suspensive effect.[42] During 2024, the High Administrative Court received 17 appeals in international protection cases:
| Onward appeal statistics: 2024 | |
| Category | Number |
| Appeals received | 17 |
| Appeals rejected | 16 |
| Accepted | 1 |
| Total decisions | 34 |
Source: High Administrative Court, 22 January 2025.
As indicated above, the large majority of appeals were also rejected by the High Administrative Court.
Legal assistance
The right to free legal assistance in procedures is regulated by LITP and by the Ordinance on free legal aid in the procedure of granting international protection. There is also a general procedure and system of free legal aid which is regulated by the Law on Free Legal Aid, but applicants for international protection can only benefit from this law in some procedures for which legal aid is not provided for by the specific law (for example LITP).
Lawyers or legal advisors intervening in international protection cases are not obliged to follow any specific training.
In order to be able to provide legal assistance, the non-governmental organisation must be registered in the Register of Primary Legal Aid Providers. Together with the application for registration in the Register, a proof of assured cooperation with a person who has completed graduate studies in law, passed the state professional or bar exam and has at least two years of work experience in the profession, or a scientific title and a proof of payment of liability insurance for damages caused to a client by providing primary legal assistance in the amount of 50% of the insurance prescribed by the Law on Attorneys, must be attached.[43]
Legal assistance at first instance
The LITP provides for the possibility of legal information and counselling at first instance procedure before the Ministry of Interior.[44] The LITP specifies that applicants should, at their request, be provided with legal and procedural information on the approval of international protection, taking into account the circumstances of the specific case, in a language which it may be reasonably be presumed that they understand and in which they are able to communicate. The right to counselling should be provided by organisations working to protect the rights of refugees or by attorneys with whom the Ministry shall conclude an agreement on the provision of legal counselling. An applicant who has no financial resources or items of significant value that enable them to have an appropriate standard of living shall have the right to legal counselling. According to the Ordinance on free legal aid in the procedure of granting international protection, ‘items of significant value’ refer to the applicant’s belongings and to those of members of their household, which includes their real estate and movable property.[45]
A public call under the AMIF fund for legal aid providers was published by the Ministry of Interior in September 2021.[46] The Croatian Law Centre (CLC) was selected in 2022 as organisation responsible for providing legal counselling at first instance until the end of 2022. The legal counselling activities entailed provision of: general legal information related to the procedure for granting international protection, legal information on the right to work and the right to free legal aid to applicants for international protection, legal and procedural information on the granting of international protection related to the specific application for international protection, information on stage of submitted application for international protection, the explanation of reasons why the application for international protection was rejected and the possibility of using a legal remedy. Under the project informative materials and brochures on the ways and conditions of exercising the right to legal counselling were prepared, and a mobile application on the main features of the procedure for granting international protection in the Republic of Croatia and the ways of exercising the rights of applicants for international protection in practice was developed.[47]
No new public call was published in 2024, but it was published in February 2025.[48]
During 2023 and 2024, legal assistance at this stage was not provided by the State, so applicants for international protection sought legal advice from organizations that offered legal counselling as part of their activities (for example, to the Croatian Law Centre, the Centre for Peace Studies, the Border’s None and JRS).
As in previous years, in 2024, CLC implemented the project “Legal Assistance and Capacity Building for Access to Territory and Asylum in Croatia” with the role of implementing partner and with the financial support of the UNHCR. The provision of legal information to targeted groups of beneficiaries including to applicants for international protection, was usually provided by telephone, mobile applications (WhatsApp) and e-mail or in CLC’s office.
Centre for Peace Studies (CPS)[49] also provided legal support to applicants for international protection by telephone, mobile and e-mail or in CPS ‘s office. Free legal aid was also provided by Jesuit Refugee Service (JRS)[50] and Borders:none.[51]
Legal assistance in appeals
According to the LITP, free legal aid includes assistance in the preparation of a lawsuit to the Administrative Court and representation before the Administrative Court, i.e., in the first instance administrative court disputes,[52] if requested by the applicant and foreigner under Dublin transfer, under the condition that they do not have sufficient financial resources or possessions of significant value.[53] Legal assistance may be provided by attorneys at law and lawyers from organisations registered for providing legal assistance.[54]
In practice there are no obstacles to accessing attorneys, as applicants are informed about their right to free legal assistance. In practice when a decision is delivered to applicants, they are also given the list of providers of free legal aid from which they can choose an attorney or lawyer from NGOs, who are then notified by the competent employee of the Ministry of Interior. Further communication takes place between the attorney and the applicant. The procedure is the same for applicants accommodated in the reception centers for applicants for international procedure and in the reception centers for foreigners.[55]
Attorneys and lawyers from NGOs organise the interpreter (among those who have contract with the Ministry of Interior) for the appointment and then inform the Ministry of Interior.
In 2024, two attorneys noted concerns regarding the lack of transparency in the selection of free legal aid providers from the available list of providers.[56]
The Administrative Court shall decide on the right to free legal assistance, and the amount of costs of legal assistance.[57] According to the Ordinance on free legal aid, the Administrative Court decides on the right to free legal assistance and takes into account the evidence on the financial status of the applicant, which is obtained ex officio by the Ministry of Interior during the first instance procedure on the one hand and by compiling the form by the applicant on the other hand. In practice that means that at the beginning of the first instance procedure, the applicant has to specify, by completing a form provided to them, if they carry any valuables with them, which is rarely the case.
In previous years, it was emphasised that this system of granting the right to legal aid at the end of the procedure is unfair as the full burden and risk is shifted to the provider of free legal aid. If, for any reason, the court does not endorse free legal aid, the provider will not receive anything and has completed the work without payment.
In 2024, challenges once again emerged regarding the approval and payment of free legal aid in administrative disputes initiated against decisions of the Ministry of the Interior, as highlighted by two attorneys at law.[58] In practice, the outcome depends on the individual judge’s interpretation in each case. As a result, it remains uncertain until the conclusion of the administrative dispute whether free legal aid will be approved, and consequently, whether the legal aid provider will be compensated for their work.
This legal uncertainty stems from the fact that many applicants for international protection engage in employment at some stage during the procedure for granting international protection. This raises questions about their eligibility for free legal aid at the time the lawsuit is filed, leading both applicants and providers of free legal aid to hesitate when considering whether to initiate an administrative dispute.
In one such case, in which the Croatian Law Centre (CLC) represented an applicant for international protection, free legal aid was not granted, and the CLC was not reimbursed for its legal services. The Administrative Court reasoned that although the applicant had not received a salary for over six months prior to the conclusion of the administrative dispute, the applicant had received wages during a previous four-month period that exceeded the budgetary threshold as specified by a subregulation. Moreover, the Court emphasized that, since the applicant was accommodated in the Reception Centre for Applicants for International Protection, the applicant had not incurred expenses related to housing, food, or utilities.
The High Administrative Court took the view that free legal aid under the LITP covers only the drafting of the lawsuit and the hearing, and not the preparation of any further submissions which are sometimes needed, which also means that for such legal actions attorneys are not reimbursed.[59] However, as reported by one attorney at law, the practice of judges at the Administrative Court in Zagreb is inconsistent.[60]
In 2024, according to information provided by attorney at law, generally there were no problems with payments for free legal aid. However, the court still only approves the cost of drafting the lawsuit and the presence of an attorney at the hearing. An additional challenge noted in practice during 2024 was that the employment of applicants for international protection is sometimes cited as a reason for the court’s refusal to approve free legal aid.[61]
Moreover, the appeal to the High Administrative Court is not covered by free legal aid under the LITP, although it is a logical next step. In addition, the Law on Attorneys requires from attorneys to continue representing clients up to 30 days after the termination of the power of attorney, if there is a risk that a client’s rights may be harmed.[62]
The LITP also states that the providers of free legal aid must inform the Ministry of Interior without delay of the bringing of a lawsuit before the Administrative Court and the date of delivery of the Court’s judgment. If a provider of legal assistance does not act in line with this obligation, the provider shall be deleted from the List of Providers of Free Legal assistance.[63] The Ordinance on free legal aid prescribes that the provider should be first warned in writing and then deleted for the list if they have not complied with this obligation.[64]
[1] Article 40 LITP.
[2] Information provided by the Ministry of Interior, 8 March 2024.
[3] Article 40 LITP.
[4] Article 17(9) LITP.
[5] Article 38(2) LITP.
[6] Information provided by the Ministry of Interior, 8 March 2024.
[7] Article 35(2) LITP.
[8] Article 16(2) LITP.
[9] Article 16(3) LITP.
[10] Article 17(8) LITP.
[11] Article 17(6) LITP.
[12] Article 14(3) LITP.
[13] Article 13(2) LITP.
[14] Article 35(8) LITP.
[15] Information provided by the Ministry of Interior, 8 March 2024.
[16] Article 35(6) LITP.
[17] Article 35 (10)- (13) LITP.
[18] Information provided by the Ministry of Interior, 8 March 2024.
[19] Information provided by the Ministry of Interior, 15 January 2025.
[20] The Ministry of Interior, in their right of reply (21 August 2025), argued that the Croatian Law on International and Temporary Protection (LITP) does not proscribe the exact period between the notification (official invitation) regarding the interview and the interview itself. However, it further argued that the Service for International Protection always takes into consideration that a certain period is required between notification and the interview itself, so that it is not the practice that the notification is given on the morning of the interview. Further, the Ministry of Interior argued that the LITP does not proscribe the maximum period for taking the personal interview either, but rather only that the final date for taking a decision (in the regular procedure) is 21 months from the lodging of the application.
[21] Article 14(2) LITP.
[22] Article 13 LITP.
[23] Ministry of Interior,: Decision on the allocation of funds for the implementation of the project “Interpretation and expansion of the network of interpreters in the procedure for granting international protection” , available in Croatian at: https://bit.ly/3VN3LMk.
[24] Information provided by the Ministry of Interior, 8 March 2024.
[25] Article 13 (7) LITP.
[26] Information provided by the Ministry of Interior, 8 March 2024.
[27] Ombudswoman: Report of the Ombudswoman for 2023, available in Croatian at: https://bit.ly/4crt2kR.
[28] In the context of their right of reply, 21 August 2025, the Ministry of Interior argued that every interview consists of a “free narrative” where the applicants have the possibility to talk freely without interruption. After that, the interviewever can ask additional questions to clarify some statements. The duration of an interview is not prescribed and it depends on each individual case. However, the Ministry of Interior further argued, an applicant can always add information that they consider important before closing the interview. Further, once the interview is finished, the interpreter translates the minutes to the applicant who has the opportunity to make corrections, interventions or add information that they consider important. Finally, the Ministry of Interior also added that applicants always have the possibility of delivering further information or evidences in written form after an interview.
[29] Article 32(2) LITP.
[30] Article 40 (1) Law on Administrative Disputes.
[31] Ministry of the Interior: Decision on the Direct Allocation of Financial Resources for the Implementation of the Project “Free Legal Aid in the International Protection Procedure”, available at: https://eufondovi.mup.hr/vijesti/odluka-o-izravnoj-dodjeli-financijskih-sredstava-za-provedbu-projekta-besplatna-pravna-pomoc-u-postupku-odobrenja-medjunarodne-zastite/666.
[32] Ministry of the Interior: Public Call for applications to the list of legal aid providers in the international protection procedure, available at: https://mup.gov.hr/UserDocsImages/Javna%20nabava/Javni%20pozivi/Javni%20poziv%20-%202024.pdf
[33] Council of Europe: HELP course on Refugee and Migrant Children launched for Croatian judges, 24 May 2024. available at: https://www.coe.int/en/web/help/-/help-course-on-refugee-and-migrant-children-launched-for-croatian-judges.
[34] Information provided by the UNHCR Office for Croatia, 18 March 2025.
[35] Information provided by attorney at law, 31 January 2025.
[36] Article 37 paragraph 2 of the Law on Administrative Disputes prescribes that the hearing is, as a rule, held in the court building. The court can determine that the hearing be held at a distance. No appeal is allowed against this decision.
[37] Law on Administrative Disputes, Official Gazette 36/2024, available at: https://narodne-novine.nn.hr/clanci/sluzbeni/2024_03_36_564.html.
[38] Article 49 Law on Administrative Disputes.
[39] Article 121 (1) Law on Administrative Disputes.
[40] Article 122 Law on Administrative Disputes.
[41] Article 74 (1) (2) Law on Administrative Disputes.
[42] Article 51(3) LITP.
[43] Article 34(3) Law on Free Legal Aid.
[44] Article 59(4)-(6) LITP.
[45] Article 3 (5) Ordinance on free legal aid in the procedure of granting international protection.
[46] Public call in Croatian available at: https://bit.ly/3pBuqeK.
[47] https://play.google.com/store/apps/details?id=hr.mup.rhprotection
[48] Ministry of Interior: Public call for financing a project in the field of providing legal advice in the procedure for granting international protection, 14 February 2025, available at: https://eufondovi.mup.hr/vijesti/javni-natjecaj-za-financiranje-projekta-u-podrucju-pruzanja-pravnog-savjetovanja-u-postupku-odobrenja-medjunarodne-zastite-723/723.
[49] Information provided by Centre for Peace Studies, 27 February 2025.
[50] Information provided by Jesuit Refugee Service, 15 January 2025.
[51] Information provided by Borders:none, 12 March 2025.
[52] Article 60(2) LITP.
[53] Article 60(1) LITP.
[54] Article 60(4) LITP.
[55] Information provided by the Ministry of Interior, 8 March 2024.
[56] Information provided by attorneys at law, 10 and 21 January 2025.
[57] Article 60(3) LITP.
[58] Information provided by attorneys at law, 21 and 31 January 2025.
[59] Information provided by an attorney-at-law, 3 January 2018.
[60] Information provided by an attorney-at-law, 16 June 2025.
[61] Information provide by attorneys at law, 21 and 31 January 2025.
[62] Article 10 (2) Law on Attorneys.
[63] Article 60(5) LITP; Article 11(8)-(9) Ordinance on free legal aid in the procedure of granting international protection.
[64] Article 11(8)-(9) Ordinance on free legal aid in the procedure of granting international protection.
