Author
Applicants for international protection are informed orally by the staff of the Ministry of Interior about the reasons of their detention during the delivery of the decision.
In practice, the interpreter is present at the delivery of the decision and reads decision to them.[1]
Foreigners[2] accommodated in detention centers with whom the CRC came into contact during 2023, stated difficulties due to not understanding the reasons that led to their deprivation of liberty.
Applicants may lodge a lawsuit to the Administrative Court against a detention decision within eight days after its delivery. The authority that has issued the decision, i.e., the Ministry of Interior, the police administration or the police station, shall submit the case file to the Administrative Court no later than within eight days following the day of receipt of the decision by which the Administrative Court requests the case file. The Administrative Court shall issue a decision after a personal interview within 15 days from the day of receipt of the case file.
However, there are no legal consequences for not respecting the 15-day time limit prescribed by the relevant legislation. The complaint does not suspend the decision.
The 2023 amendments to the LITP also introduced the review of the decisions on restriction of freedom of movement. According to the amendments, restriction of movement, at reasonable time intervals, shall be reviewed ex officio by the competent Administrative Court or at the request of the applicant, especially when the restriction of movement lasts longer than a month and in the event of a change or the occurrence of new circumstances that may affect the lawfulness of the restriction of movement of the applicant. If the competent Administrative Court determines that the decision on the restriction of freedom of movement is unlawful, the Ministry of Interior shall act according to the pronounced judgment and release the applicant immediately.[3]
According to the Administrative Court in Zagreb, the court information system for managing and
work on court cases does not recognise the difference between cases in which freedom of movement was restricted by other alternative measures or by detention in the Reception Centre for Foreigners.[4] Thus it is not possible to report the number of cases in which the court had to decide on detention in the Reception Centre for Foreigners.
In 2023, Administrative Court of Zagreb decided in 51 cases of restriction of movement of applicants for international protection. Most lawsuits against restriction of the freedom of movement brought before the Administrative Court of Zagreb were rejected in 2023. Out of the 51 lawsuits, more than half (34) were rejected, 13 were accepted, 3 were accepted and referred back and 1 was suspended..[5] The Administrative Court in Rijeka had 1 case of restriction of movement, however no information on the outcome was provided.[6] Other Administrative Courts did not deal with lawsuits against restrictions to the freedom of movement in the course of 2023.
In 2023, the High Administrative Court received 3 onward appeals in cases of detention in the Reception Centre for Foreigners and 2 were rejected while one was pending.[7]
[1] Information provided by attorneys-at-law, 3 December 2019.
[2] During its visits Croatian Red Cross was in contact with applicants for international protection, but also with irregular migrants.
[3] Article 54(13)-(14) LITP.
[4] Information provided by the Administrative Court in Zagreb, 18 February 2021.
[5] Information provided by the Administrative Court in Zagreb, 12 January 2024.
[6] Information provided by the Administrative Court in Zagreb, 19 January 2024.
[7] Information provided by the High Administrative Court, 22 January 2024.