Author
According to the amendments of the LITP adopted in December 2017, entered into force on 1 January 2018, asylees and foreigners under subsidiary protection have the right to accommodation if they do not possess the financial means or property to support themselves.[1]
The procedure for recognising the right to accommodation is initiated by the submission of a request to the competent social welfare centre. The competent Centre is the centre in the place of domicile of the asylee and foreigner under subsidiary protection. The Centre renders a decision. An appeal may be lodged against the decision within 15 days of the date of delivery of the decision, but appeal does not delay enforcement of decision. The ministry responsible for social welfare renders a decision on the appeal, against which a lawsuit may be filed with the competent administrative court within eight days of the date of service of the decision. Asylees and foreigners under subsidiary protection have the right to accommodation for a maximum period of two years from the date on which the decision approving international protection is served.[2] With the expiry of 2 years’ time limit they have the right to accommodation pursuant to the legislation regulating the field of social welfare.[3] In practice however, beneficiaries of international protection are allowed to stay in the Reception Centre for Applicants for International Protection until appropriate accommodation (a flat) is found for them.
If the Centre establishes that the asylee or foreigner under subsidiary protection generates the financial means or owns property that could be used to generate funds to participate in the payment of accommodation costs, the decision recognising the right to accommodation shall state that the asylee or foreigner under subsidiary protection is to participate in the payment of accommodation costs by making a payment into the account of the Central State Office for Reconstruction and Housing.
If the Centre, in procedures within its remit, establishes, after the decision recognising the right to accommodation becomes enforceable, that the asylee or foreigner under subsidiary protection has the financial means or property to generate funds to participate in the payment of accommodation costs, it shall quash the decision and issue a new decision, recognising the right to accommodation of the asylee or foreigner under subsidiary protection and establishing the obligation to participate in the payment of accommodation costs. An appeal against the decision may be lodged within 15 days of the delivery of the decision but it does not delay its enforcement.[4] The ministry responsible for social welfare renders 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.
The right to accommodation of an asylee and foreigner under subsidiary protection shall cease in the following cases:[5]
- upon the expiry of 2 years’ time limit;
- upon personal request;
- if he or she refuses the accommodation provided without justified reason;
- if he or she fails without justified reason to reside at the registered address for a period longer than 30 days;
- if he or she does not meet the conditions for recognition of the right to accommodation;
- if it is established that he or she fails to take due and responsible care of the accommodation provided;
- 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 Centre, after establishing in the prescribed procedure the conditions referred to in items 2 to 7 above, shall quash the decision and shall adopt a new decision establishing the termination of the right to accommodation, against which an appeal may be lodged 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 render a decision on the appeal, against which a lawsuit may be filed with the competent administrative court within eight days of the date of service of the decision.
Enforceable decisions shall be delivered to the Central State Office for Reconstruction and Housing Care.
Pursuant to the decision recognising the right to accommodation, the Central State Office for Reconstruction and 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 Central State Office as per lease agreements concluded with other natural persons.
The Central State Office for Reconstruction and 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 approving 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 Central State Office for Reconstruction and Housing Care.
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. The Ordinance on participation of asylees, foreigners under subsidiary protection and foreigners under temporary protection in the payment of accommodation costs entered into force in July 2018. [6] The ordinance prescribes when the beneficiary under international protection, for whom the Centre for social welfare determined that possess property, in the period while he / she is provided with subsidised accommodation, should participate in the payment of accommodation costs.
In practice, despite the low number of beneficiaries of international protection, persons wait for state subsidised accommodation for several months according to AYS.[7] This is problematic as this time is also calculated under 2 years of state subsidised accommodation.
According to the Central State Office for Reconstruction and Housing one important element taken into account for the purpose of housing of beneficiaries of international protection is to avoid any form of isolation or “ghettoization”. Beneficiaries of international protection are therefore accommodated across the Republic of Croatia, rather than in one town or in housing units at a same address. In addition, although there were no official reports, the Central State Office for Reconstruction and Housing noticed problems with finding landlords willing to rent a property to refugees after their legal right to free accommodation has expired.[8]
Centre for Peace Studies (CPS) reported that persons under international protection, were exposed to discrimination and are faced with prejudice when trying to rent an apartment after two years of subsidized housing. CPS also underlined that the general rise in housing prices was observed.[9] Data provided by Central State Office for Reconstruction and Housing Care show that in 2021, the right to accommodation was used by 64 beneficiaries, while 105 lease agreements were terminated due to the expiration of the two-year period. Further data by Central State Office for Reconstruction and Housing Care show that the capacities for accommodation are sufficient.[10]
Similarly, the Croatian Red Cross (CRC) reported that challenges were observed in securing accommodation for beneficiaries whose right to paid housing has expired.[11] This is mainly due to high rents, discrimination and the reluctance of landlords to rent their apartments to beneficiaries of international protection. It is especially difficult to find an apartment for large families both due to the need to find a bigger apartment and the overhead costs which are much higher. In bigger families, it is also frequent that it is only the husband/father who works and there is thus only one salary that needs to bear the costs of housing, utilities and other living expenses, which is why many of them find themselves at risk of poverty. CRC often refer families who contact them due to difficult financial situations to the competent social welfare centre to exercise the right to one-time assistance.
Difficulties in housing after expiration of 2-years period in the situation of pandemic was also addressed by other NGOs. In 2022 AYS, assisted in finding accommodation after the expiration of two years of state-funded accommodation.[12] Due to the increase in unemployment among beneficiaries of international protection caused by the COVID-19 pandemic, in cooperation with the Solidarna Foundation and Wir Packens, AYS continued with the programme of covering one rent for people who are unable to cover housing costs and one-time aid to cover the cost of food for people who find themselves in unfavourable socio-economic conditions. During 2022, AYS provided assistance to 29 households.
In 2022, Civil Rights Project (CRP) Sisak provided free legal aid to beneficiaries of international protection in finding suitable accommodation after the expiration of the secured state funded two-year accommodation.[13]
[1] Articles 67 and 67a LITP.
[2] Article 67(4) LITP.
[3] Article 67(5) LITP.
[4] Article 67 (7) LITP.
[5] Article 67(8) LITP.
[6] Official Gazette 59/2018
[7] Information provided by Are you Syrious, 3 February 2023.
[8] Office for Human Rights and Rights of National Minorities of the Government of the Republic of Croatia: INCLuDE Social Inclusion of Persons Granted International Protection in the Republic of Croatia,year of publication: 2022, available in English at: https://bit.ly/3E23GKi; and in Croatian at: https://bit.ly/3O3c4xz.
[9] Information provided by the Centre for Peace Studies, 18 January 2022.
[10] Ombudsperson, Annual report 2021, available in Croatian at: https://bit.ly/3MdomlB.
[11] Information provided by CRC, 18 January 2023.
[12] Information provided by Are you Syrious, 3 February 2023.
[13]Information provided by the Civil Rights Project (CRP) Sisak, 9 January 2023.