Admissibility procedure

Author

Nikola Kovačević

There is no admissibility procedure in Serbia. However, the Asylum Office may dismiss an application without examining the merits when one of the following grounds applies:[1]

1. The applicant comes from a First Country of Asylum;
2. The applicant comes from a Safe Third Country;
3. The applicant makes a Subsequent Application with no new elements.

Rules on interview, appeal and legal assistance are the same as in the Regular Procedure, with the exception of appeals against the inadmissibility of a subsequent application which must be lodged within 8 days before the Asylum Commission.[2]

In practice, the admissibility of an application is examined during the asylum interview.

The Asylum Office dismissed 4 asylum applications as inadmissible in 2021 and in relation to 4 persons. There were no such cases in 2022 and 2023.

[1] Article 42(1) and (3) Asylum Act.

[2] Article 42(4) Asylum Act.