Author
Serbia has the following procedures:
- Regular Procedure
- Admissibility Procedure
- Accelerated Procedure
- Border Procedure
- National protection statuses and return procedure
The regular procedure still represents the most commonly applied procedure and is usually conducted in relation to applicants accommodated in Belgrade, in the Asylum Centre (AC) Krnjača and sometimes in AC Obrenovac, or those who can afford to live in private accommodation in Belgrade or in other places such as social care institutions for unaccompanied and separated children (UaSC) or safe houses for survivors of trafficking in human beings. At the end of 2024 and the beginning of 2025, asylum interviews have started to more frequently take place in AC Sjenica,[1] while in other reception facilities that was not the case. Thus, out of 7 accommodation facilities which were operational at the end of 2024, the asylum procedure was mostly facilitated in AC Krnjača, even though most of the genuine asylum seekers[2] were referred to AC Sjenica.
The lack of human capacity within the Asylum Office in 2024 was again the reason why AC Sjenica was not more frequently visited by them. As an authority tasked with facilitating the lodging of asylum applications in person and asylum interviews, the unregular presence of the Asylum Office in AC Sjenica was the reason why people were deprived of the possibility of having their asylum claims effectively assessed. Another reason is the unreasonable referral system of asylum seekers, which is mostly controlled by the Commissariat for Refugees and Migration (CRM) and whose stance is that all single male asylum seekers should be referred to AC Sjenica and not to AC Obrenovac or AC Krnjača, which were almost completely empty for most of the year. Thus, the ineffectiveness and extensive length of the asylum procedure should also be attributed to the CRM (for further information on this practice and its consequences on asylum seekers’ access to the asylum procedure, see Registration – Concerns in practice).
As for the accelerated procedure, it is still rarely used and only in instances of manifestly unfounded applications. It has also been conducted mostly in relation to applicants accommodated in Belgrade. In 2023 and 2024, the accelerated procedure was not applied.[3]
Since the introduction in the Asylum Act in 2018, the border procedure has not been conducted. Thus, the border procedure has yet to be applied in practice. The two operational immigration detention facilities in the border areas with Romania and Bulgaria – Detention Centre (DC) in Plandište and DC in Dimitrovgrad – were not used for such purpose, nor was the border procedure facilitated in the airport transit zones.
The Ministry of Interior (MoI) had previously explained that a border/transit zone procedure at the airport would be conducted after the reconstruction and extension of the Terminal facility at the airport Nikola Tesla. The project envisaged the construction of detention premises for persons refused entry, but also persons who might apply for asylum and who could then be subjected to the airport/border procedure. Said reconstruction was finalised during 2022, and the newly established premises are operational but still not considered suitable for longer stays due to their size and carceral structure.[4]
Thus, the airport transit zone procedure is yet to be applied in practice and it is reasonable to assume that such procedure will not be conducted at the airport in the near future due to infrastructural deficiencies. For that reason, all foreigners who express their intention to lodge an asylum application at the airport are issued with the certificate on the intention to lodge asylum application (registration certificate) and are referred to one of the Asylum or Reception Centres.
[1] In 2022, AC in Sjenica and AC in Tutin were visited twice each, while in 2023 only once at the end of the year. In 2024, AC Sjenica was visited twice by the Asylum Office in the second half of 2024.
[2] This is a contextual expression in Serbia, which refers to people that are truly eager to remain in Serbia (i.e., not willing to leave before their asylum interview).
[3] Conclusion based on the basis of the analysis of all first instance decisions delivered by the Asylum Office, which were shared with the author for the purpose of drafting this Report.
[4] Outlined by the representatives of the Asylum Office at the round table with Border Police that took place in Vrdnik on 28 December 2023.