Overview of the main changes since the previous report update

Author

Nikola Kovačević

The previous version of this report was last published in August 2024.

International protection

Asylum procedure

• Key statistics on arrivals: The number of arrivals to Serbia decreased by 82% in 2024. A total of 19,603 arrivals was recorded by the Commissariat for Refugees and Migration in comparison to 108,808 recorded in 2023.
• Access to the territory – pushbacks: Refugees and migrants arriving to Serbia from North Macedonia and Bulgaria still face significant difficulties to access the territory and the asylum procedure. They are subjected to border practices that are a cluster of human rights violations (arbitrary deprivation of liberty, ill-treatment, expulsion without examination of individual circumstances and risks of refoulement and chain refoulement, etc.), applied by the Serbian Border Police. A total of 14,080 persons were prevented from ‘entering Serbia illegally’ according to the MoI (10,487 from North Macedonia and from 3,437 Bulgaria), a number which does not include foreign nationals formally refused entry or readmitted to third countries or countries of origin. Thus, these persons prevented from ‘entering Serbia illegally’ were denied access to the territory and the asylum procedure outside the scope of the relevant legal frameworks (i.e. either the Asylum or Foreigners Act). On the other hand, only 137 foreign nationals were readmitted from Serbia to neighbouring countries (mainly to Bulgaria).
• Pushbacks from other countries to Serbia: Pushbacks from neighbouring EU states continued, leading to 5,713 persons being informally sent to Serbia from Hungary. Still, the number of incident reports and testimonies decreased due to the generally decreased presence of civil society organizations in border areas, but also due to the fact that the UNHCR office in Serbia stopped reporting on such practices. On the other hand, only 462 foreign nationals were officially readmitted to Serbia, further confirming that collective and often violent expulsions are the main manner in which forcible removals are conducted.
• Smuggling activities: Smuggling activities continued, but are conducted in a more clandestine manner after massive police operations on the north of Serbia in border areas with Croatia, Hungary and Romania. Still, the increased police presence and fear of forcible removal to North Macedonia are one of the reasons why people on the move decided to take more dangerous journeys, which has led to several tragic incidents in which lives were lost.
• Access to the asylum procedure at the airport: A total of 4,706 foreign nationals were refused entry to Serbia, out of which 1,757 were at the Belgrade airport Nikola Tesla (including citizens of Türkiye, Afghanistan and Syria). The refusal of entry practice at the airport leads to the automatic serving of refusal of entry decisions followed by arbitrary detention and a lack of the possibility to challenge the lawfulness of both the detention and the forcible removal. Two requests for interim measures were adopted in relation to BPSB at Belgrade airport, preventing the forcible removal of people fleeing political persecution in Türkiye.
• Registration and lodging of asylum applications: In 2024, the MoI issued 850 registration certificates, and only 216 lodged their application for the first time.
• First-instance asylum decisions: In 2024, the Asylum Office rendered 152 decisions regarding 200 asylum seekers. Out of that number, 53 decisions regarding 75 asylum seekers were rejected in merits, while 7 decisions granting asylum to 7 asylum seekers were delivered in the same period. The asylum procedure was discontinued in 87 cases regarding 113 applicants, due to their absconding, while in 5 instances subsequent asylum applications were declined in relation to 5 applicants. A total of 60 merits decisions were rendered in relation to asylum seekers from:  Burundi (21), Cuba (19), Russian Federation (11), Syria          (6), Iran (5), Armenia (4), Tunis (3), Croatia (2), Türkiye (2), Ukraine (2) and 1 from India, Tunis, Germany, Sweden, Egypt,             Afghanistan and Congo.[1] The rejection rate in 2024 was 88%, while the recognition rate was 12%. This represents a 3% decrease in recognition in comparison to 2023.^[2] In total, international protection was granted through 7 decisions (12%) encompassing 7 persons. Of these, refugee status was granted through 4 decisions and to citizens of Congo, Burundi, Iran and Ukraine (1 each), while the remaining 3 decisions were related to subsidiary protection granted to citizens of Syria (3).[3]
• Asylum Commission – the second instance authority: In 2024, the Asylum Commission rendered 45 decisions in relation to 59 persons originating from: Burundi (16), Cuba (12), Russian Federation (10), Syria (5), Iran (4), Armenia (3), Türkiye (2), Ukraine (1), Sweden (1), Egypt (1), Germany (1), Kazakhstan (1), Afghanistan (1) and Croatia (1). Only 2 appeals were upheld and in relation to the 2 SGBV survivors from Burundi,[4] while two more cases were referred to the Asylum Office after the complaints lodged to the Administrative Court (third instance) were upheld, yet not on substantive but rather procedural grounds. All other appeals were rejected (41 in total).
• Administrative Court – the third instance authority: In 2024, the Administrative Court delivered 16 decisions regarding 19 persons from the following countries: Iran (7), Unknown (3), Afghanistan (3), Burundi (2), Türkiye (1), Cuba (1), Syria (1) and Ghana (1). Only three complaints were upheld, but two of them for procedural reasons related to family unity and inclusion of a newborn baby in the procedure and the silence of the administration. Only one complaint was upheld on the basis of substantive grounds, and in relation to the applicant who claimed religious persecution and who was also in an extradition procedure.
• Legal aid: Legal aid is still mainly provided by CSOs, but more and more attorneys at law have been involved in asylum cases. Free Legal Aid Act guarantees free legal aid only before the Administrative Court, but it has not been used in practice.

Reception conditions

• Reception capacity and conditions: Most of the reception facilities governed by the CRM were closed in 2024, leaving only 4 asylum and 3 reception centres operational by the end of 2024. In 2024, AC Krnjača was mostly accommodating vulnerable applicants: families with small children, persons with disabilities, persons with health and psychosocial needs, LGBTQI+ applicants, SGBV survivors and others. AC Obrenovac^[5] and AC Sjenica accommodate single males, but most of them were not willing to apply for asylum. As of 20 April 2022, AC Vranje^[6] accommodated on average 40 to 70 refugees from Ukraine.
• Vulnerability: There is no vulnerability assessment of foreign nationals arriving to CRM-governed asylum and reception centres, and most of the vulnerable persons are identified by CSOs.

Detention of asylum seekers

• Freedom of movement/deprivation of liberty: In 2024, a total of 8 asylum seekers were detained, namely people from Afghanistan (3), Russian Federation (3) Syria (2), and Sweden (1). Asylum seekers are detained in Detention Centre for Foreigners in Padinska Skela (DC Padinska Skela) as well as in DC Dimitrovgrad and DC. The total capacities of DC Padinska Skela are 110 places, whereas the capacities of DC Plandište and DC Dimitrovgrad are of 100 places each. Thus, overall detention capacity is of 310 beds.
• Detention conditions: Detention conditions vary from one detention facility to other, but the main issues reported by the NPM is related to its carceral structure, lack of interpreters, no health care screening and vulnerability assessment upon arrival and no access to meaningful activities.

Content of international protection

• Integration – right to work: There were no major challenges recorded when it comes to the access to the labour market, which is not surprising having in mind that only a handful or people received international protection in 2024.
• Integration – right to permanent residency: The amended Foreigners Act introduced the new provision which allows persons granted asylum to apply for permanent residency which is the final step before the possibility for obtaining citizenship. The first decisions on permanent residency were granted in the first quarter of 2024.
• Access to education: No major issues were reported in relation to access to education of asylum seeking or refugee children.
• Travel documents: Until 31 December 2024, a total of 49 travel documents for refugees were issued. Of that number, 33 documents were issued to men and to 6 boys, while 7 documents were issued to women and to 3 girls.
• Family reunification: There were no instances of family reunification in Serbia in 2024.

Temporary protection

For further information, see the Annex on Temporary Protection.

Temporary protection procedure

• Scope of temporary protection: The following persons are eligible to be beneficiaries of temporary protection: 1) citizens of Ukraine and their family members who resided in Ukraine; 2) asylum seekers, stateless persons and foreign nationals who have been granted asylum or equivalent national protection in Ukraine and their family members who have been granted residence in Ukraine; 3) foreign nationals who have been granted valid permanent residence or temporary residence in Ukraine and who cannot return to their country of origin under permanent and long-term circumstances.
• Registration for temporary protection: In 2024, a total of 400 persons were registered under the TP, out of which 381 were Ukrainian nationals, 15 Russian Federation citizens and 4 from other countries. In the same period, 375 persons were granted temporary protection and, again, it was mostly Ukrainian nationals (355). Finally, for a total of 709 persons temporary protection was extended (672 Ukrainian nationals, 19 Russan Federation nationals and 18 from other countries).

Content of temporary protection

• Access to rights: There were no major issues reported in access to rights and in relation to Ukrainian refugees and other beneficiaries of TP. Most of the problems were identical to those described in relation to asylum seekers and persons granted asylum in the general report.

[1] Ministry of Interior – Border Police Administration-Department for Readmission, responses to the information of public importance nos. 07-34/24, 30 August 2024 (delivered on 20 September 2024) and 07-2/25, 11 February 2025 (delivered on 21 February 2025).

[2] AIDA, Country Report Serbia, 2022 Update, pp. 99-100.

[3] Ibid.

[4] Asylum Commission, Decision No. AŽ, 06/24, 12 February 2024 and  AŽ 15/25, 7 October 2024.

[5] Decision of the Government of the Republic of Serbia, no. 02–5650/2021, available at: https://bit.ly/3nqLK4Z.

[6] Ibid.