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: 23/03/21

Author

Nikola Kovačević
Stage of the procedure Competent authority (EN) Competent authority (SR)
Decision on entry[1] Foreigners’ Department Odeljenje za strance / Одељење за странце
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

 

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 posed a threat to national security. The family has complained before the European Court of Human Rights (ECtHR) that their expulsion to Libya would violate Articles 2 and 3 of the European Convention on Human Rights (ECHR) due to their political affiliation with former Gadafi regime, and under Article 13 ECHR due to an alleged lack of effective remedy in Serbia.[3] Eventually, they were granted subsidiary protection but their application is 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]

 

[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.

 

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