List of authorities intervening in each stage of the procedure

Serbia

Country Report: List of authorities intervening in each stage of the procedure Last updated: 02/05/22

Author

Nikola Kovačević
Stage of the procedure Competent authority (EN) Competent authority (SR)
Decision on entry and Decision on refusal of entry[1] Regional Border Centres (RBC) or Border Police Stations (BPS) established within the Border Police Administrations of the Ministry of Interior Regionalni centri granične policije (RCGP) i stanice granične policije (SGP)  / Регионални центри граничне полиције (РЦГП) и станице граничне полиције (СГП)
Registration Certificate RBC, BPS and Foreigners Units within Police Departments in Serbia RCGP, SGP i Odeljenje za strance unutar policijskih uprava / РЦГП, СГП и Одељења за странце унутар полицијских управа
Application Asylum Office Kancelarija za azil / Канцеларија за азил
Refugee status determination Asylum Office Kancelarija za azil / Канцеларија за азил
Appeal procedure

v  First appeal

v  Onward appeal

 

Asylum Commission

Administrative Court

 

Komisija za azil / Комисија за азил

Upravni sud / Управни суд

Subsequent application Asylum Office Kancelarija za azil / Канцеларија за азил
Constitutional Appeal Constitutional Court of the Republic of Serbia Ustavni sud / Уставни судд

 

In Serbia, the Security Information Service (BIA) is also allowed to conduct security checks, based on which an application for international protection can be rejected.[2] This was applied in one case concerning a Libyan family who had their asylum applications rejected because they were on the list of individuals whose presence on Serbian territory was considered a threat to national security. The family has complained before the ECtHR that their expulsion to Libya would violate Articles 2 and 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) due to their political affiliation with former Ghaddafi regime, and under Article 13 of ECHR due to an alleged lack of effective remedy in Serbia.[3] Eventually, they were granted subsidiary protection but as of March 2022 their application was still pending before the ECtHR with regards to lack of an effective legal remedy (no suspensive effect) against an expulsion decision rendered on the basis of security reasons which have not been provided in the reasoning of the decision.[4] Another case, which also refers to an applicant from Libya, was rejected on these grounds in 2019. The case has been referred from the first to the second instance body on several occasions and eventually, the applicant was granted refugee status in February 2022,[5] and after the second instance body obtained positive security assessment from BIA.

 

 

 

 

[1] Formally speaking, the Border Police is not authorised to refuse entry to any person seeking asylum.

[2] Article 33 (2) Asylum Act.

[3] ECtHR, A. and Others v. Serbia, Application No 37478/16, 30 June 2016, available at: https://bit.ly/33xHp4r.

[4] See a similar case where the Court ruled that the right to an effective remedy under Article 13 of the ECHR was violated, ECtHR, D and Others v. Romania, Application No 75953/16, 14 January 2020, EDAL, available at: http://bit.ly/3aBHWGZ.

[5] Asylum Office, Decision No. 26–1389/17, February 2022.

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection