Admissibility procedure


Country Report: Admissibility procedure Last updated: 23/03/21


Nikola Kovačević

There is no admissibility procedure in Serbia. However, the Asylum Office may dismiss an application without examining the merits when the following grounds apply:Article 42(1) and (3) Asylum Act.

  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 applications which must be lodged within 8 days before the Asylum Commission.[1]

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

The Asylum Office dismissed 2 asylum applications as inadmissible in 2020. Both were dismissed on the basis of the first country of asylum concept.

[1]Article 42(4) Asylum Act.

[2] Asylum Office, Decision No. 26-1515/19, 13 August 2020 and 26-788/19, 28 February 2020.

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