Types of procedures

Serbia

Country Report: Types of procedures Last updated: 15/05/23

Author

Nikola Kovačević

Serbia has the following procedures:

 

Regular procedure still represents the most commonly applied procedure and is usually conducted in relation to applicants accommodated in Belgrade, in Asylum Centre (AC) Krnjača, 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. Asylum Centres outside Belgrade are not visited or are rarely visited by the Asylum Office, and for the purpose of conducting regular asylum procedure.[1] The main reason is serious lack of human capacity within the Asylum Office which is tasked with facilitating lodging of asylum applications in person and asylum hearings.

As for the accelerated procedure, it is still rarely used and only in instances of manifestly unfound applications. It has also been conducted mostly in relation to applicants accommodated in Belgrade.

In 2023, there were no instances in which a border procedure was conducted. Thus, the border procedure has yet to be applied in practice. There are two newly opened operational immigration detention facilities in the border areas with Romania and Bulgaria – Detention Centre in Plandište and Detention Centre in Dimitrovgrad respectively. These facilities have become operational in 2023. Still, there were no border procedures conducted in these facilities.

The Ministry of Interior (MoI) had previously outlined that a border/transit zone procedure at the airport will be conducted after 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. The said reconstructions were finalised during 2022, but the newly established premises are still not considered as suitable for a longer stay due to their size and structure.[2] Also, when the number of foreigners refused entry is high, both new and the old detention premises at the airport are put in use.

Thus, 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 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.

[2] Outlined by the representatives of the Asylum Office at the round table with Border Police that took place in Vrdnik on 28 December 2023. 

 

 

[1]  Ombudsman, Одговор Аеродрома “Никола Тесла” и Станице граничне полиције Београд на препоруке Заштитника грађана, 4 November 2020, available at: https://bit.ly/3uUNfNt.

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