Author
The amendments to the LITP, which were adopted in 2023 introduced novelties with regards to accommodation of beneficiaries of international protection.
Although in practice, even before amendments of LITP, beneficiaries used to stay in the Reception Centre for Applicants for International Protection for some time while appropriate subsidized accommodation was not found, that was not regulated by LITP. According to amendments to the LITP beneficiaries of international protection now have the right to accommodation in the Reception Centre for Applicants for International Protection for a maximum of 60 days until they are provided with accommodation in an adequate housing unit if, within eight days from the day of registration of their permanent residence, they submit an application for accommodation to the competent regional office of the Croatian Institute for Social Work (hereinafter: competent regional office). The competent regional office shall allow the application for restitutio in integrum to beneficiaries of international protection who, due to justified reasons, miss the deadline for submitting an application for accommodation to the competent regional office, if, within eight days from the end of the cause that made them miss the deadline, they submit an application for restitutio in integrum, together with the application for accommodation. After the expiry of three months from the day the deadline was missed, restitutio in integrum cannot be requested. If an asylee or a foreigner under subsidiary protection, while accommodated in the Reception Center, is absent from the center for more than eight days without notifying the Ministry of Interior beforehand, s/he shall lose the right to accommodation in the Reception Center. If an asylee or a foreigner under subsidiary protection, while accommodated in a Reception Center, is absent from the center for more than eight days and has previously notified the Ministry of Interior thereof, the allocated room in the Reception Center shall be kept for a maximum of 15 days from the date of notification to the Reception Center. An asylee or foreigner under subsidiary protection who has financial resources or property with which is able to maintain himself/herself has the right to accommodation in the Reception Center for a maximum of 30 days from the day of the delivery of the decision on granting international protection.[1]
Asylees and foreigners under subsidiary protection have the right to accommodation if they do not possess the financial means or property to support themselves, for a maximum of two years from the date of delivery of the decision granting international protection. The procedure for recognizing the right to accommodation is initiated by the submission of a request to the competent regional office, i.e., the regional office in the place of permanent residence of the asylee and foreigner under subsidiary protection. If the regional office establishes that the asylee or foreigner under subsidiary protection has financial resources or property with which they could participate in the payment of accommodation costs, it shall decide that the person must participate in the payment of accommodation costs by making payment into the account of the ministry responsible for housing affairs. If the regional office, in a procedure within its competence, establishes, after the decision recognizing the right to accommodation becomes enforceable, that the asylee or foreigner under subsidiary protection has the financial resources or property with which they could participate in the payment of accommodation costs, it shall issue a new decision recognizing the right to accommodation of the asylee or foreigner under subsidiary protection and establish the obligation to participate in the payment of accommodation costs. An asylee and a foreigner under subsidiary protection, after the cessation and revocation of international protection and the re-approval of international protection, shall have the right to accommodation in proportion to the unused period of the total duration of accommodation.
The right to accommodation of an asylee and foreigner under subsidiary protection shall cease in the following cases:
- upon the expiry of the two years’ time limit;
- upon personal request;
- if he or she refuses the accommodation provided without justified reason;
- if he or she do not stay at the registered address continuously for more than 30 days without a justified reason;
- if it is determined that s/he does not meet the conditions for recognition of the right to housing;
- if it is determined that s/he does not take care of the provided accommodation with the due care;
- if it is established that he or she uses the accommodation provided contrary to its purpose.
Save in the case referred to in item 1 above, the competent regional office, after establishing in the prescribed procedure the conditions referred to in items 2 to 7 above, shall set aside the decision and shall issue a new decision establishing the termination of the right to accommodation.
An appeal may be lodged against the decision recognising the right to housing, the decision recognising the right to housing and participation in the payment of accommodation costs and the decision establishing the termination of the right to accommodation, within 15 days from the date on which the decision is delivered. The appeal does not delay the enforcement of the decision. The ministry responsible for social welfare shall issue a decision on the appeal, against which a lawsuit may be filed with the competent administrative court within eight days of the date of delivery of the decision.
Enforceable decisions shall be delivered to the ministry responsible for housing and to the Ministry of Interior.
If the following circumstances no longer exist (person has financial resources or property with which they could participate in the payment of accommodation costs; if a person do not stay at the registered address continuously for more than 30 days without a justified reason; if it is determined that person does not meet the conditions for recognition of the right to housing), as well as in the case where the right to accommodation ceased due to a personal request, the asylee and the foreigner under subsidiary protection may re-apply for housing.
Exceptionally, at the request of the beneficiary of international protection and with the prior consent of the ministry responsible for housing affairs, an asylee and a foreigner under subsidiary protection may be permitted to temporarily use a housing unit that is owned by the Republic of Croatia after the expiration of two years for the maximum period of two more years.[2]
Pursuant to the decision recognising the right to accommodation, the ministry responsible for housing shall secure to asylees and foreigners under subsidiary protection housing units that are the property of the Republic of Croatia or are at the disposal of the ministry as per lease agreements concluded with third parties.
The ministry responsible for housing shall sign a contract on lease or sublease of the housing unit with the asylee and foreigner under subsidiary protection whose right to accommodation is recognised, for a maximum period of two years from the date on which the decision granting international protection becomes enforceable. The contract on the lease or sublease shall define mutual rights and obligations.
Funds for the costs of accommodation shall be earmarked in the State Budget of the Republic of Croatia under the item for the ministry responsible for housing.
The provision of accommodation also includes the process of finding, adapting, furnishing, maintaining, and the settlement of utility costs and leasing costs for the housing unit provided.[3]
The Ordinance on participation of asylees, foreigners under subsidiary protection and foreigners under temporary protection in the payment of accommodation costs prescribes that when it is determined that the beneficiary under international protection, possess property, in the period while he / she is provided with subsidised accommodation, the beneficiary should participate in the payment of accommodation costs.
Centre for Peace Studies (CPS) reported that two years of subsidized accommodation for beneficiaries of international protection would be enough if the other integration measures would work, such as high-quality and easily accessible and comprehensive language courses, easier recognition of existing qualifications, opportunities for retraining and additional training, and easier job search. CPS also reported that in 2023 some beneficiaries were exposed to discrimination and are faced with prejudice when trying to rent an apartment after two years of subsidized housing.[4]
[1] Article 67b LITP.
[2] Article 67 LITP.
[3] Articles 67a LITP
[4] Information provided by the Centre for Peace Studies, 30 January 2024.