Author
Asylum procedure
- Access to the territory: Access to the territory remained a serious matter of concern and was marked by violent incidents in 2021. According to the Danish Refugee Council (DRC), 9,114 persons have been pushed back from Croatia to Bosnia and Herzegovina (BiH) in 2021,[1] and 928 persons from Croatia to Serbia according to UNHCR.[2] This includes children (251 according to the Ombudsperson for children) and other vulnerable groups. The CPT published its report on the ad-hoc visit to Croatia from 10 to 14 August 2020 in December 2021. The latter provides recommendations for an effective and independent border monitoring mechanism. An independent border monitoring mechanism was established in Croatia in the summer 2021,[3] but its lack of independence and efficiency remains criticised by several stakeholders.
- Key statistics on the asylum procedure: The number of applicants for international protection in 2021 increased significantly from 1,932 in 2020 to 3,039 applicants in 2021. Although detailed statistics were not made available by national authorities, the recognition rate remained low as only 68 refugee statuses were granted in the course of 2021. Croatia continues to be a transit country as the majority of applicants for international protection leave Croatia to other countries and abandon their cases, resulting in a suspension of their procedure in 75.35% of the cases.[4]
- Legislative development: During 2021, the drafting process for the Draft Law on Amendments to the Law on International and Temporary Protection was initiated. According to the Plan of Legislative Activities of the Government of the Republic of Croatia for 2022, it should be sent to the Government of the Republic of Croatia in the first quarter of 2022.[5] The Law on Foreigners entered into force on 1 January 2021. In 2021, amendments to the Law on Administrative Disputes also entered into force as a response to the changes caused by the COVID-19 pandemic as well as to improve the functioning of the judicial system through the increased use of communication technologies.
- Safe third country concept: The Constitutional Court issued its ruling in the case of the family of Madina H.which concerned an Afghan girl who was killed by a passing train at the border between Croatia and Serbia in 2017. The Constitutional Court accepted the applicant’s allegations that during the procedure before the Ministry of Interior and administrative court proceedings, it was not established with sufficient certainty that Serbia is a safe European third country and that Croatia had failed to fulfil its procedural obligations under Article 3 of ECHR
- Schengen: In July 2021, the European Parliament (EP) adopted a resolution stressing that Croatia has met all the conditions for its accession to Schengen, but also urged Croatia to address shortcomings regarding the training of border staff and the respect of fundamental rights at borders.[6] On 9 December 2021, the EU ministers of the interior unanimously approved the Conclusions on the fulfilment of the necessary conditions for the application of the Schengen acquis by the Republic of Croatia [7]
Reception conditions
- Access to reception: Access of persons not necessary to the functioning of Reception Centers for Applicants of International Protection was limited from March 2020 until the end of 2021 to prevent the spread of COVID-19. Throughout the year, a total of 2,797 applicants for international protection were subject to self-isolation and a total of 420 people were tested, of which 48 were COVID positive.[8]
Content of international protection
- Limited integration: Similarly to previous years, beneficiaries of international protection face significant challenges in exercising their rights. The most important issues still relate to the language barrier as well as the access to health care, employment, education and housing. Although the previous Integration Action Plan expired at the end of 2019, a new Integration Action Plan was still not adopted in 2021.
Response to the situation in Ukraine as of 11 April 2022:
From 25 February to 11 April 2022, a total of 13,597 displaced persons from Ukraine entered the Republic of Croatia, of which 6,666 women (49%), 1,901 men (14%) and 5,030 children (37%). People displaced from Ukraine do not currently need a passport nor visa to enter Croatia.
On 28 February 2022, the Croatian Government adopted a decision on the establishment of an Interdepartmental Working Group for the Implementation of Activities for the Reception and Care of Refugees from Ukraine.[9] The Ministry of the Interior coordinates the work of the Interdepartmental Working Group, while the Directorate of Civil Protection of the Ministry of the Interior performs professional, technical and administrative tasks. The main task of the group is the coordinated action of all competent bodies and institutions and the implementation of measures and activities aimed at providing humanitarian assistance, reception and care of displaced persons from Ukraine. On the same day, a decision was made on the establishment of the Expert Working Group to coordinate and support the provision of health care to persons displaced from Ukraine.[10] At the beginning of March 2022, the Croatian Parliament adopted the Declaration on Ukraine condemning the aggression against Ukraine and calling on Russia to immediately stop the military attack and withdraw its troops from Ukrainian territory.[11]
The Ministry of the Interior has updated the Enter Croatia application, which is now available also in Ukrainian, to strengthen the reception of persons displaced from Ukraine and speed up their entry into Croatia.[12] The main goal is to enable displaced persons from Ukraine who have a travel document and intention to come and stay in Croatia, to submit their personal data, address and contact phone number in advance via the application, which will allow them to enter Croatia faster. Pre-submitted data will be automatically linked to the data from the travel document after it is scanned at the border crossing and will no longer need to be entered manually.
The Directorate of Civil Protection issued a leaflet with instructions and useful information for people coming from Ukraine. The leaflet, which is available in Croatian and Ukrainian, is given to refugees from Ukraine at border crossings upon entering Croatia.[13], Useful information was later made in the form of a leaflet available on the webpage Croatia for Ukraine.[14]
People who do not have their own organised accommodation upon arrival at the border receive information about accommodation in the nearest reception centre. At the moment, three reception centres operate in Osijek, Varaždin and Gospić. The stay in the reception centres is short and limited to 48 hours as a rule. Employees of the Civil Protection, the police, health workers and the Croatian Red Cross’ employees are present in the reception centres. If necessary, organised mobile teams of other relevant bodies (social work, employment, education, civil protection operational forces) are present in Reception Centres. The Croatian Red Cross lists people in order for them to be entitled to psychosocial support, humanitarian aid (food, hygiene, clothing, bedding …) and if there is the need for people to use the services of the Family Tracing Service.
After the expiration of 48 hours, people are referred to permanent accommodation that is offered to them in Collective accommodation facilities (currently 35 facilities) or they can be accommodated in private accommodation. An e-mail address was created (rcz.zbrinjavanje@mup.hr) so that volunteers can reach out in case they wish to offer private accommodation.[15]
On 7 March 2022, the Government adopted the Decision on the Introduction of Temporary Protection in the Republic of Croatia for Displaced Persons from Ukraine.[16] Pursuant to the Decision, Croatia shall grant temporary protection to the citizens of Ukraine and members of their families:
- residing in Ukraine on 24 February 2022 and who left Ukraine since 24 February 2022;
- stateless persons and third country nationals who were under international or equivalent national protection in Ukraine on 24 February 2022 and members of their families who were granted residence in Ukraine on 24 February 2022 and who left Ukraine since 24 February 2022;
- third country nationals who had a valid permanent stay in Ukraine on 24 February 2022 in accordance with Ukrainian regulations and who cannot return to their country or region of origin in safe and permanent conditions and who left Ukraine since 24 February 2022.
As regards those who had fled Ukraine before 24 February 2022, temporary protection shall also be granted to the displaced citizens of Ukraine and members of their families who left Ukraine immediately before 24 February 2022 due to the security situation and cannot return to Ukraine due to the armed conflict. However, it is unclear yet how authorities will interpret the term “immediately before”.
A person can lodge an application for temporary protection in the competent police administration or police station according to the address of accommodation. The application can also be submitted online via the application – Croatia4Ukraine.[17] It is not possible to apply for temporary protection at the Reception Centres as accommodation is provided there only for 48 hours. However, an application for temporary protection can be lodged in collective (permanent) accommodation facilities where officials from the Ministry of the Interior are present or police officials, meaning that they do not need to go to a police station or administration for that purpose.
After temporary protection has been granted, the card of a foreigner under temporary protection will be issued by the competent police administration/station or by the officials of the Ministry of the Interior or police administrations or stations in the facilities of the Collective Accommodation. The card is a bilingual document (in Croatian and English) and equivalent to a residence permit in Croatia.
Persons who do not wish to apply for temporary protection should register an address related to short-stay. If person meet the conditions for temporary stay for one of the purposes prescribed by the Law on Foreigners, they can submit an application for temporary stay. Persons can also apply for international protection.
On 23 March 2022, the government issued a decision to finance the housing costs of displaced persons from Ukraine that are accommodated in private accommodation.[18] According to this decision, owners of housing units that have provided their real estate for the use to displaced persons from Ukraine will be reimbursed on the basis of an agreement with the Ministry of Interior, Directorate of Civil Protection. The agreement should be concluded for a period of six months with the possibility of extension for up to one year.
The Ministry of Science and Education has issued instructions on the inclusion of children and students of refugees from Ukraine in the Croatian educational system,[19] instructions on the obligation to inform the competent school doctor about the inclusion of students in schools,[20] as well as notice on the inclusion of children from Ukraine under temporary protection in the system of early and preschool education of the Republic of Croatia.[21] The Ministry of Labour, Pension System, Family and Social Policy has also prepared a leaflet related to employment and social welfare for Ukrainian citizens which is available in Croatian and in Ukrainian.[22]
The Croatian Ministry of the Interior has launched a website on “Croatia for Ukraine” https://hrvatskazaukrajinu.gov.hr/ available in Croatian and Ukrainian where essential information on temporary protection in the Republic of Croatia can be found. It provides information on the procedure, legislation, reception and available services as well as statistical information on the number of persons arriving in Croatia from Ukraine.
[1] DRC , Border monitoring shapshot and factsheets, available online.
[2] UNHCR, Serbia- Snapshots January- December 2021., available at: https://data2.unhcr.org/.
[3] European Commission: Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the Report on Migration and Asylum, September 2021, available at: https://bit.ly/3IGh20n.
[4] Ombudsperson, Annual report 2021, available in Croatian at: https://bit.ly/3xePrQP.
[5] Plan of Legislative Activities of the Government of the Republic of Croatia for 2022, available at: https://bit.ly/3v0IJva.
[6] Dnevnik, The European Parliament adopted a resolution: Croatia ready for Schengen, two of our MPs voted against, available at: https://bit.ly/3HGYFa6.
[7] EMN HR, The Republic of Croatia has met all the conditions for the application of the full Schengen acquis, available at: https://bit.ly/3vAaQDt.
[8] Information provided by od MDM-BELGIQUE, 19 January 2022.,
[9] Croatian Government: Decision on the establishment of an Interdepartmental Working Group for the Implementation of Activities for the Reception and Care of Refugees from Ukraine, available at: https://bit.ly/37DoStK.
[10] Croatian Government: Decision on the establishment of the Expert Working Group to coordinate and support the provision of health care to the refugee population of Ukraine, available at: https://bit.ly/3O4pfyg.
[11] Croatian Parliament: Declaration on Ukraine Official Gazette 25/2022, available at: https://bit.ly/3DZFXu8.
[12] Government of Croatia, ‘Enter Croatia”, available at: https://entercroatia.mup.hr/.
[13] Leaflet with useful information for displaced persons from Ukraine, available in Croatian at: https://bit.ly/3vb0AiT, and in Ukrainian: https://bit.ly/3LSLqWh.
[14] Leaflet with useful information for displaced persons from Ukraine available in in Ukrainian at https://bit.ly/38zVlSh; and in Croatian at: https://bit.ly/3v7MkaX.
[15] Ministry of Interior: Notice for citizens wishing to help refugees from Ukraine, available at: https://bit.ly/3xiEw8I.
[16] Croatian Government: Decision on the Introduction of Temporary Protection in the Republic of Croatia for Displaced Persons from Ukraine, available at: https://bit.ly/37ylO2c.
[17] Ministry of Interior, Alien under temporary protection application form, available at: https://croatia4ukraine.mup.hr/Pages/Zahtjev.
[18] Croatian government, Decision on financing the housing costs of displaced persons from Ukraine in individual accommodation, available at: https://bit.ly/38vxQK6.
[19] Ministry of Science and Education, ‘Uključivanje djece i učenika izbjeglica iz Ukrajine u odgojno-obrazovni sustav Republike Hrvatske’, 7 March 2022, available in Croatian at: https://bit.ly/3E0dtAw.
[20] Ministry of Science and Eductation, ‘Obveza obavještavanja nadležnog školskog liječnika o uključivanju učenika u škole, raseljenih osoba iz Ukrajine pod privremenom zaštitom u Republici Hrvatskoj’, 21 March 2022, available in Croatian at: https://bit.ly/3Jvg7zs.
[21] Ministry of Sciecne and Education, Uključivanje djece, raseljenih osoba iz Ukrajine u rani i predškolski odgoj – obavijest, 18 March 2021, available in Croatian at: https://bit.ly/3xiQteT.
[22] Ministry of Labour, Pension System, Family and Social Policy, ZAPOŠLJAVANJE I SOCIJALNA SKRB ZA UKRAJINSKE DRŽAVLJANE, available in Croatian at: https://bit.ly/3v7nt78 and in Ukrainina at: https://bit.ly/3E7ZMQc.