Accelerated procedure

Serbia

Country Report: Accelerated procedure Last updated: 30/11/20

Author

Belgrade Centre for Human Rights Visit Website

The new Asylum Act has introduced an accelerated procedure, which can be conducted where the applicant:Article 40(1) Asylum Act.

  1. Has presented only facts that are irrelevant to the merits of the application;

  2. Has consciously misled the Asylum Office by presenting false information or forged documents, or by failing to present relevant information or by concealing documents that could have had a negative effect on the decision;

  3. Has destroyed or concealed documents that establish his or her identity and/or nationality in bad faith so as to provide false information about his or her identity and/or nationality;

  4. Has presented manifestly inconsistent, contradictory, inaccurate, or unconvincing statements, contrary to the verified information about the country of origin, rendering his or her application non-credible;

  5. Has lodged a Subsequent Application that is admissible;

  6. Has lodged an asylum application for the clear purpose of postponing or preventing the enforcement of a decision that would result in his or her removal from the Republic of Serbia;

  7. Presents a threat to national security or public order;

  8. Comes from a Safe Country of Origin.

The decision on the asylum application in the accelerated procedure shall be made within 30 days from the date of the asylum application or the admissibility of the subsequent application.[1] The Asylum Office shall inform the applicant that the application is to be processed in the accelerated procedure.[2] This basically means that a decision to apply the accelerated procedure is made by the asylum officer during the course of the personal interview.

Rules on appeals differ from the Regular Procedure: Appeal. The deadline for an appeal to the Asylum Commission is 8 days from the notification of the decision.[3]

In 2019, the accelerated procedure was applied only in 3 cases in relation to citizens of Ghana, Pakistan and Palestine

 


[1]           Article 40(2) Asylum Act.

[2]           Article 40(3) Asylum Act.

[3]           Article 40(5) 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