Freedom of movement

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Applicants who are not detained can freely move within the country, and generally no restrictions are applied with regard to the area of residence. In fact, applicants are allowed to stay – at their own cost – at any address in Croatia, subject to prior approval by the Ministry of Interior. According to the Ordinance on the Realisation of Material Reception Conditions, in order to stay at some other address, the applicant must provide a notarised copy of the rental agreement or a notarised statement of the owner of the apartment stating that she/he accept to accommodate the applicant and would provide him or her with the adequate standard of living, or a title deed if the applicant is the owner of the property in which he intends to reside, or a hotel reservation if the applicant is located in a hotel.[1]

For those applicants who are accommodated in the Reception Centres for Applicants for International Protection, there is an obligation to inform the Head of the centre if they want to stay out for one or more nights, as they have to return to the centre by 23:00. According to the Ordinance on the Realisation of Material Reception Conditions, an applicant may stay outside the Centre for more than 24 hours with the prior approval of the Reception Centre and for a maximum of 15 days. In this case, and except in certain cases such as lack of capacity and occupancy of accommodation facilities, the allocated room will remain reserved. For any stay longer than 15 days, the applicant must submit the appropriate documents and register his / her residence at a new address.[2]

There are only two reception centres for applicants in Croatia. Therefore, in the past, transfers of applicants were possible from one centre to the other centre due to capacity / bed management issues or where special needs would arise. However, since the Reception Centre in Kutina was renovated and reopened in June 2014, it was decided that this centre would be primarily used for the accommodation of vulnerable groups.

The LITP foresees restrictions on freedom of movement as Alternatives to Detention. The LITP specifies that the freedom of movement may be restricted by the 4 alternative measures or by detention.[3]

• Prohibition of movement outside the Reception Centre for Applicants for International Protection;
• Prohibition of movement outside a specific area;
• Appearance in person at the Reception Centre for Applicants for International Protection at a specific time;
• Handing over travel documents or tickets for deposit at the Reception Centre for Applicants for International Protection; or
• Accommodation (i.e., detention) in the Reception Centre for Foreigners.

The LITP lists 7 grounds for restricting freedom of movement (which are also grounds for detention):[4]

The freedom of movement of an applicant may be restricted if, on the basis of all the facts and circumstances of the specific case, it is estimated that it is needed for the purpose of:

1. establishing the facts and circumstances on which the application for international protection is based, and that cannot be established without the restriction of movement, especially if it is assessed that there is a risk of absconding;
2. establishing and verifying identity or nationality;
3. protection of the national security or public order of the Republic of Croatia;
4. in order to prevent the spread of infectious diseases in accordance with national regulations on necessary epidemiological measures;
5. to prevent endangering the life of persons and property;
6. due to multiple consecutive attempts to leave the Republic of Croatia during the procedure for international protection;
7. due to the implementation of the procedure for forced removal, if based on objective circumstances, taking into account that the applicant already had the possibility of starting the procedure for international protection, it is justifiably assumed that by seeking international protection applicant wants to delay or make difficult to execute the decision on expulsion and/or return made in accordance with the provisions of the Law on foreigners.

For detention under the same grounds, see the chapter on Detention of Asylum Seekers.

[1] Article 10(2) Ordinance on the Realisation of Material Reception Conditions.

[2] Article 17(1) Ordinance on the Realisation of Material Reception Conditions.

[3] Article 54(5) LITP.

[4] Article 54(2) LITP.