Special procedural guarantees


Country Report: Special procedural guarantees Last updated: 15/05/23


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 2022 there were 10 decisions in which members of particularly vulnerable groups were granted asylum. However, in most of the cases their asylum procedure did not differ from any other procedure. Moreover, the length of the procedure can be described as extensive. However, it is important to note that in these decisions the Asylum Office took into consideration the vulnerability of the applicants’ in terms of their age, state of health, gender or psychological state.[2] Also, there were several procedures which lasted between 3 to 8 months, which is more acceptable than the cases which lasted for more than 1 year.

No. Case No. Date of Asylum Application Date of Decision Country of Origin Type of protection Length of procedure Vulnerability
26–1437/21 April 2021 31.03.2022 Niger Subsidiary Protection 11 months UASC
26-1569/21 23.08.2021 24.06.2022 Syria Subsidiary Protection 10 months Single mother with children at risk of SGBV
26-2296/22 15.03.2021 29.06.2022 Burundi Refugee Status 3,5 months Survivor of SGBV
26-346/21 24.02.2021 29.06.2022 Cameron Subsidiary Protection 14 months Serious physical disability
26-277/21 12.02.2021 13.07.2022 Afghanistan Subsidiary Protection 15 UASC
26-1635/21 31.08.2021 17.08.2022 Afghanistan Refugee Status 11,5 months Survivor of SGBV and her family
26-730/22 28.02.2022 31.08.2022 Afghanistan Subsidiary Protection 6 months UASC
26-688/22 24.03.2022 15.09.2022 Cuba Subsidiary Protection 7 months13 months LGBTQI+ and HIV+
26-281/11 20.10.2021 10.11.2022 Afghanistan Refugee Status 13 months UASC
26-1177/22 April 2022 01.12.2022 Syria Subsidiary Protection 8 months UASC

National law further foresees the exemption of unaccompanied children from accelerated and border procedures.[3]




[1] Article 15 Asylum Act.

[2] The most important decisions regarding vulnerable applicants are analysed in the Chapter C.1. – Asylum Practice in 2021.

[3] 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