Criteria and restrictions to access reception conditions

Croatia

Country Report: Criteria and restrictions to access reception conditions Last updated: 27/05/21

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According to the LITP, 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]

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 (i.e. the day on which they express the intention to apply for international protection),[3] ‘either if they do not hold possession of greater 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.[4]

Applicants are entitled to financial support if, in the month for which they have received support, they have been accommodated in the Reception Centre for Applicants for International Protection for at least 25 consecutive days.[5] 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.[6]

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 should be given when applying for international protection.[7] The Reception centre where the applicant is accommodated confirms to the applicant the right to financial assistance and issues a certificate on the right to financial assistance.[8]

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.[9] Besides that, applicants will be given an identity card which should be issued within 3 days from the day of lodging the application and it shall serve as a residence permit in the Republic of Croatia.[10]

As of 28 December 2020, 328 applicants were accommodated in Reception centres in Zagreb and Kutina.[11]

According to the Ordinance on the Realisation of Material Reception Conditions, Reception Centre where applicant is accommodated, confirms the right to financial support and issues certificate approving the right to financial support.[12]

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 just those applicants who have not secured adequate standard of living have a right to material reception conditions,[13] and accommodation in the Reception Centre for Foreigners should be considered as the adequate standard of living is secured.[14]

 

 

[1]           Article 55(4) LITP.

[2]           Article 7(1) Ordinance on the Realisation of Material Reception Conditions.

[3]           Article 23(2) Ordinance on the Realisation of Material Reception Conditions.

[4]           Article 23(2) Ordinance on the Realisation of Material Reception Conditions.

[5]           Article 24(2) Ordinance on the Realisation of Material Reception Conditions.

[6]           Article 24(3) Ordinance on the Realisation of Material Reception Conditions.

[7]           Article 3(7) Ordinance on the Realisation of Material Reception Conditions.

[8]           Article 25 (1) (2) Ordinance on the Realisation of Material Reception Conditions.

[9]           Article 7(6) Ordinance on the Realisation of Material Reception Conditions.

[10]          Article 62(1) LITP.

[11]          UNHCR, Annual Statistical Snapshot – Asylum: Croatia 2020, available in English: https://bit.ly/3dDHZEY.

[12]          Article 25(1)-(2) Ordinance on the Realisation of Material Reception Conditions.

[13]          Article 3(1) Ordinance on the Realisation of Material Reception Conditions.

[14]          Article 3(4) Ordinance on the Realisation of Material Reception Conditions.

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation