Special procedural guarantees

Serbia

Country Report: Special procedural guarantees Last updated: 23/03/21

Author

Nikola Kovačević

None of the bodies that are tasked with conducting the asylum procedure (Asylum Office, Asylum Commission and Administrative Court) have specialised subdivisions to deal with the asylum claims of vulnerable applicants. As it was already outlined, the Asylum Act foresees that care will be taken during the asylum procedure of asylum seekers with specific needs, including minors, persons lacking or having limited legal capacity, children separated from their parents or guardians, persons with disabilities, the elderly, pregnant women, single parents with underage children and persons who had been subjected to torture, rape or other forms of grave psychological, physical or sexual violence.[1]

In 2020, there were several decisions in which members of particularly vulnerable groups were granted asylum. However, their asylum procedure did not differ from any other procedure.[2] Moreover, the length of the procedure can be described as extensive.[3] However, it is important to note that in these decisions the Asylum Office took into consideration the vulnerability of the applicant’s in terms of their age, state of health, gender or psychological state.[4] However, in several decisions regarding UASC the Asylum Office disregarded BID which indicated that applicants should be granted asylum as the most suitable status for permanent solution.[5]

National law further foresees the exemption of unaccompanied children from accelerated and border procedures.[6]

[1]  Article 15 Asylum Act.

[2]  Asylum Office, Decisions Nos. 26-1437/18, 13 February 2020, 26-218/19, 20 February 2020, 26-20163/17, 11 August 2020 and  26-2573/19, 15 October 2020.

[3] Asylum Office, Decision Nos. 26-1437/18, 13 February 2020,  26-218/19, 20 February 2020 and  26-2573/19, 15 October 2020.

[4]  The most important decisions regarding vulnerable applicants are analysed in the Chapter C.1. – Asylum Practice in 2020.

[5]  Asylum Office, Decisions Nos. 26-378/19, 11 February 2020 and 26-374/19, 14 February 2020.

[6] Articles 40(4) and 41(4) Asylum Act.

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