Subsequent applications

Serbia

Country Report: Subsequent applications Last updated: 23/03/21

Author

Nikola Kovačević

The Asylum Act envisages that a foreigner whose asylum application has been rejected on the merits “may submit a subsequent asylum application if he or she can provide evidence that the circumstances relevant to recognising his or her right to asylum have changed substantially or if he or she can provide any evidence that he or she did not present in the previous procedure due to justified reasons.”[1] The precondition for the subsequent application is that the initial application was rejected by a final decision as unfounded or discontinued due to applicant’s failure to appear for the asylum interview.[2] The applicant must provide all the above and bring forward evidence in a comprehensible manner.[3] The Asylum Office shall assess the admissibility of subsequent applications in line with the new facts and evidence, and in connection with the facts and evidence already presented in the previous asylum procedure.[4]

If it has been established that the subsequent asylum application is admissible, the competent authority shall revoke the previous decision. On the contrary, the subsequent asylum application shall be rejected if it has been established that it is inadmissible due to a lack of new evidence. The decision on a subsequent application will be rendered within 15 days from the date of the application.[5]

In the 2018, there was one case where the family A. from Libya was allowed to submit the subsequent application, but in line with the old Asylum Act. This was the consequence of the ECtHR communicating their case to the Government of Serbia.[6] In 2020, only 2 subsequent applications were submitted in line with understanding in the Asylum Act, out of which one was rejected (Montenegro) and one is still pending (UASC from Pakistan) who absconded asylum procedure due to a lack of diligence by his former legal representative.

 

[1]           Article 46(1) Asylum Act.

[2]           Ibid.

[3]           Article 46(2) Asylum Act.

[4]           Article 46(3) Asylum Act.

[5]           Article 46(4), (5) and (6) Asylum Act.

[6]           ECtHR, A. and Others v. Serbia, Application No 37478/16, Communicated on 12 December 2017.

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