Criteria and conditions

Serbia

Country Report: Criteria and conditions Last updated: 23/03/21

Author

Nikola Kovačević

A beneficiary of international protection has the right to reunification with his or her family members.[1] Family members are the spouse, provided that the marriage was contracted before the arrival to the Republic of Serbia, the common-law partner in accordance with the regulations of the Republic of Serbia, their minor children born in legal or in common-law marriage, minor adopted children, or minor step-children. Exceptionally, the status of family member may be granted also to other persons, taking into account particularly the fact that they had been supported by the person who has been granted asylum or subsidiary protection, their age and psychological dependence, including health, social, cultural, or other similar circumstances.[2]

A family member for whom there exist grounds to be excluded from asylum shall not have the right to family reunification.[3]

For the first time in 2020, a family reunification procedure was carried out. In July 2020, the APC’s client from Afghanistan was reunited with his wife and 5 children who were transferred from Afghanistan to the consulate of Serbia in New Delhi, India.[4] The family reunification procedure lasted 10 months, but this case should be observed as a model for all future cases. IDEAS has started a consultation with 2 Afghan nationals who expressed their wish to reunite with their families.

 

[1]           Articles 70(1) and 9(2) Asylum Act.

[2]           Article 2(2) and (12) Asylum Act.

[3]           Article 70(4) Asylum Act.

[4] APC, Prvi slučaj spajanja porodice izbeglice u Srbiji, 20 July 2020, available at: http://bit.ly/2YCpEzC.

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