The national legislation does not foresee preliminary checks to third country nationals at the point of entry, apart from those checks which are related to grounds for refusal of entry envisaged in the Article 15 of the Foreigners Act, as outlined in the Chapter on access to territory at airport. This kind of checks, especially when refusal of entry decision is rendered, imply de facto deprivation of liberty. In line with Article 35 of the Asylum Act, they are entitled to express their intention to lodge an asylum application in Serbia at any time, even though there are many problems in practice. During all of the assessments, all foreign nationals are considered to be under the effective control of the State authorities and thus entitled to an entire set of safeguards, including against refoulement.
Preliminary checks of third country nationals upon arrival
Serbia
Country Report: Preliminary checks of third country nationals upon arrival
Last updated: 03/07/25