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According to the LITP, all applicants do not have the same access to reception conditions, so for example material conditions may be restricted during the subsequent application procedure.
According to the LITP, applicants are entitled to accommodation at the Reception Centres for Applicants for International Protection, but if they want, they are allowed to stay at any address in Croatia, subject to prior approval by the Ministry of Interior, at their own cost.[1] According to the Ordinances on the Realisation of Material Reception Conditions, they are entitled to accommodation in the Reception Centre from the moment they express the intention to lodge an application for international protection.[2]
The rules of stay in the Reception Centre for Applicants for International Protection are determined by the House Rules. The applicant may stay outside the Reception Center for longer than 24 hours with the prior approval of the Reception Centre. If, based on an individual assessment the approval is denied, the Reception Center shall issue a decision. A lawsuit against the decision can be submitted to the administrative court within eight days from the date of delivery of the decision.[3]
During the examination of the Dublin procedure, applicants are entitled to a place in the Reception Centres, as well as to all other material rights as prescribed by the LITP.
According to the Ordinance on the Realisation of Material Reception Conditions, applicants are entitled to financial support from the day when they were accommodated in the Reception Centre,[4] either if they do not have possession of great value or if they do not have secured funds for personal use on a monthly basis amounting to more than 20% of minimum amount for social welfare support.[5]
The applicant is entitled to financial support if she/he has stayed in the Reception Centre Centres for Applicants for International Protection for at least 25 continuous days in the month for which the financial support is paid.[6] The only exception from this rule in relation to continuous accommodation is the situation when the person has been admitted in the hospital for treatment or if he or she has requested to be absent from the Centre and that the request has been approved.[7]
In practice, the assessment of whether or not someone possesses sufficient financial means is determined based on the statement of the applicant about his or her financial status which is taken when he or she lodges application for international protection.[8] The Reception centre where the applicant is accommodated confirms to the applicant their right to financial assistance and issues a certificate on the right to financial assistance.[9]
It is not prescribed in legislation that material reception conditions are tied to the issuance of a document by the relevant authorities. However, according to the Ordinance on the Realisation of Material Reception Conditions, an applicant who is accommodated in the Reception Centre will be issued an accommodation certificate that contains information, amongst other, on the date of expression of intention to apply for international protection as well as the date from which the person is accommodated in the Reception Centre.[10] In addition, applicants will be given an card of an applicant for international protection (applicant’s card) which shall be issued within issued days from the day of lodging the application and it shall serve as a residence permit in the Republic of Croatia. The applicant’s card is not proof of identity.[11]
Applicants who are detained in the Reception Centre for Foreigners are not allowed financial support. The Ordinance on the Realisation of Material Reception Conditions prescribes that only those applicants who have not secured adequate standard of living have a right to material reception conditions,[12] and accommodation in the Reception Centre for Foreigners should be considered as an adequate standard of living.[13] If the applicant, following her/his own request, does not stay in the Reception Centre for Applicants for International Protection or in an accommodation provided by the Ministry of Interior and is accommodated with a private person, she/he is considered to have an adequate standard of living.[14]
[1] Article 55(4) LITP.
[2] Article 7(1) Ordinance on the Realisation of Material Reception Conditions.
[3] Article 56 (7)- (9) LITP.
[4] Article 23(2) Ordinance on the Realisation of Material Reception Conditions.
[5] Article 23(1) Ordinance on the Realisation of Material Reception Conditions.
[6] Article 24(2) Ordinance on the Realisation of Material Reception Conditions.
[7] Article 24(3) Ordinance on the Realisation of Material Reception Conditions.
[8] Article 3(7) Ordinance on the Realisation of Material Reception Conditions.
[9] Article 25 (1) (2) Ordinance on the Realisation of Material Reception Conditions.
[10] Article 7(6) Ordinance on the Realisation of Material Reception Conditions.
[11] Article 62(1) LITP.
[12] Article 3(1) Ordinance on the Realisation of Material Reception Conditions.
[13] Article 3(4) Ordinance on the Realisation of Material Reception Conditions.
[14] Article 3(5) Ordinance on the Realisation of Material Reception Conditions.