Overview of the main changes since the previous report update

Author

Nikola Kovačević

The previous version of this report was last published in May 2023.

International protection

Asylum procedure

• Key statistics on arrivals: According to the Commissariat for Refugees and Migration (CRM), a total of 108,808 refugees, asylum seekers and migrants resided in asylum and reception centres in Serbia in 2023. However, the methodology for counting new arrivals applied by the CRM cannot be considered as reliable, despite the fact that these numbers are taken as credible and official by the UNHCR office in Serbia and CSOs (see Informal pushbacks – Arrivals). Thus, these numbers should be taken with caution, but it is undisputable that the number of foreign nationals who irregularly entered Serbia in 2023, mainly from Bulgaria and North Macedonia, can be measured in tens of thousands. Apart from this number, a significant number of Russian, but also Ukrainian citizens continued to arrive to Serbia in 2023, regulating their legal status mainly outside the scope of Asylum Act (see Annex on Temporary Protection).
• Access to the territory – Pushback practices: 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 which acts with impunity. A total of 37,403 persons were prevented from “entering Serbia illegally” according to the MoI, 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 asylum procedure outside the scope of the relevant legal frameworks, i.e. either Asylum or Foreigners Act (see Informal pushbacks).
• Pushbacks from other countries to Serbia: pushback practices towards Serbia and from neighbouring EU countries continued in 2023 as reported by UNHCR, CSOs, but also state authorities of some of the neighbouring states, such as Hungary which keeps official data records. A total of 100,138 foreign nationals were pushed back from Hungary to Serbia in 2023, and 388,753 in total since 2016, a violation of the procedural limb of the Article 3 of ECHR, but also of Article 4 of Protocol 4 of the ECtHR, both read in conjunction with the Article 13 of ECHR. Removal to Serbia is done without any risk assessment of refoulement or chain refoulement, meaning people are not granted access to the asylum procedure, accommodation and services (see Pushbacks towards Serbia and their consequences).
• Smuggling activities: Organised criminal groups continued to operate at border areas with the external borders of the EU, and according to many reports, in cooperation with parts of the state system. Their activities lead to frequent clashes between different smuggling groups which involve use of semi-automatic and automatic weapons, which have led to death and injury. Their presence also represents a risk for refugees and asylum seekers who attempt to cross into the EU countries, or who are returned, officially or unofficially, to Serbia. Their presence was also evident in reception facilities that were operational until the end of the year. These incidents clearly indicate the existence of a link between smuggling groups and certain parts of State institutions (see Pushbacks towards Serbia and their consequences).
• Access to the asylum procedure at the airport: Access to territory and to the asylum procedure at Belgrade, but also Niš and Kraljevo airports remained a serious concern and practices of refusal of entry and forcible removals of persons in need of international protection (Syrians, Afghanis, Palestinians but also Turkish citizens) continued. Refusal of entry practices continue to take place in conjunction with arbitrary deprivation of liberty at the transit zone which in many instances (when people are not allowed to obtain legal aid, deprived of their cell phones, or denied the possibility to lodge an appeal against the refusal of entry decisions) may even amount to incommunicado detention (see Refusal of entry under the Foreigners Act).
• Registration and lodging of asylum applications: Out of 108,808 arrivals recorded, only 1,654 foreign nationals were registered with asylum applications in line with the Article 35 (11) of the Asylum Act, and only 193 lodged first-time asylum applications (see Registration of the asylum application).
• First-instance asylum decisions: In 2023, the Asylum Office delivered 111 decisions regarding 154 asylum seekers. Of those, 36 decisions regarding 50 asylum seekers rejected the claim on the merits, while 6 decisions granting asylum to 9 asylum seekers were delivered over the same period. The asylum procedure was discontinued in 67 cases regarding 94 applicants, due to their absconding, while in 2 decisions, concerning 2 applicants, subsequent asylum applications were rejected. The rejection rate in 2023 was 85%, while the recognition rate was 15%. The quality of the credibility assessment further deteriorated, impacting applicants from Syria and Afghanistan and SGBV survivors. National security grounds were invoked on 5 occasions as grounds for rejection on the basis of the exclusion clauses (see Regular procedure – General).
• Asylum Commission – the second instance authority: In 2023, the Asylum Commission rendered 36 decisions regarding 43 persons. It rejected 30 complaints and upheld 4 (which were then sent back to the first instance authority), while in two instances it discontinued the procedure. There were no decisions granting international protection. The cases ruled upon by the Asylum Commission in 2023 related to people of the following nationalities: Burundi (15), Cuba (6), Unknown (4),  Afghanistan (3), Iraq (2), Iran (2), Syria (2), Russia (1), Morocco (1), Tunisia (1), Germany (1), North Macedonia (1), Pakistan (1), Bosnia and Herzegovina (1), Bangladesh (1) and Ukraine (1). Overall, stakeholders highlight that that Asylum Commission does not have the necessary human, professional and infrastructural capacity to practice its corrective influence over the Asylum Office (see Appeal before the Asylum Commission).
• Administrative Court – the third instance authority: In 2023, the Administrative Court delivered 22 decisions regarding 26 persons of the following nationalities: Burundi (7), Afghanistan (5), Unknown (4), Iran (4), Pakistan (2) and 1 from Türkiye, Mali, Ghana and Tunisia. Out of the 22 decisions, 18 complaints regarding 22 persons were rejected, while 3 complaints regarding 3 persons were upheld and 1 case was discontinued (see Onward appeal (“complaint”) before the Administrative Court).
• Legal aid: The quality of legal aid remains low, leading to situations in which lawyers provide poor Country of Information (COI) reports, fail to lodge remedies and adequately prepare asylum seekers for different steps in the asylum procedure. In most of the cases, legal aid is provided by CSOs (see Legal assistance).

Reception conditions

• Reception capacity and conditions: The Commissariat for Refugees and Migration is in charge of managing the 7 Asylum Centres and 12 Reception Centres (RC). In 2023, a total of 17 asylum and reception centres were operational for at least the part of the year. The Asylum Centre in Bogovađa and the Reception Centre in Bela Palanka – Divljana were not operational.[1] In most of the reception facilities, the conditions cannot be described as adequate for long stays, while those which can be used for such purpose are in a dilapidated state and require refurbishment. The best conditions were reported in AC Obrenovac and AC Vranje (see Housing).
• Vulnerability: Newly arrived foreign nationals do not undergo any kind of vulnerability assessment (see Special reception needs for vulnerable groups).

Detention of asylum seekers

• Freedom of movement/deprivation of liberty: Asylum seekers are rarely detained in Serbia under the Asylum Act, but many foreign nationals who were detained under the Foreigners Act were in need of international protection. A total of 609 foreign nationals was detained on the grounds set out in the Foreigners Act and only 1 asylum seeker from Afghanistan. Most immigration detainees were arbitrarily detained according to the NPM due to the fact that their detention was imposed for the purpose of forcible removals which could not be facilitated. According to the NPM, the real grounds for their detention was negative security assessments conducted by BIA, which is not envisaged as a ground for detention under Serbia’s legal framework (see Detention of Asylum Seekers).
• Detention conditions: The conditions in all three detention facilities with a total capacity of 310 were described as satisfactory by the NPM (see Detention conditions).

Content of international protection

• Integration – right to work: Several legislative changes in 2023 have improved the legal framework related to the integration of persons granted asylum. This is primarily related to the amendments to the Foreigners Employment Act. The changes entail that asylum seekers automatically obtain the right to work after six months, while persons granted asylum obtain the right to work when the decision is delivered to them. There is no longer the need to obtain a work permit and pay for the accompanying fees (see Employment and education).
• Integration – right to permanent residency: Another positive legislative development is that persons granted asylum can now apply for permanent residency after three years from the delivery of the decision. This is the final step towards naturalisation. In general, however, integration of persons granted asylum still largely depends on the assistance of CSOs and international organisations (see Long-term residence).
• Access to education: recognised refugees as well as asylum seekers have unhindered access to education, but in practice, the language barrier still represents a major problem for children (see Employment and education).
• Travel documents: following the landmark European Court of Human Rights judgment in the case of E. v. Serbia, the Minister of Interior finally adopted the bylaw which allows persons granted refugee status to obtain travel documents. The first travel documents were issued in March 2024 (see Travel documents).
• Family reunification: Family reunification happened rarely in practice, but in the first quarter of 2024, a Burundian national granted refugee status was reunited with his wife (see Family reunification).

Temporary protection

Temporary protection procedure

• Scope of temporary protection: On 18 March 2022, for the first time in the history of the Serbian asylum system, the Government adopted the Decision on Providing Temporary Protection in the Republic of Serbia to Displaced Persons Coming from Ukraine. The scope of temporary protection includes ‘persons displaced from Ukraine’ who were forced to leave Ukraine as their country of origin or country of habitual residence or who were evacuated from Ukraine and who cannot return to permanent and safe living conditions because of the current situation prevailing in that country. On 16 March 2023, the Government extended temporary protection through the Decision on Supplementing of the TPD, which was thus extended be valid until 18 March 2024. The same was done in March 2024 and the TPD is now valid until 16 March 2025.
• Registration for temporary protection: Between March 2022 and December 2023, 1,551 people were registered under the TPD. Of that number, 1,485 were Ukrainian nationals, 35 were Russian nationals and 31 were other nationals (China, Latvia, Bosnia and Herzegovina, Belarus, Georgia, Uzbekistan and Armenia). A total of 996 registered individuals were female, while 555 were male. 342 were children. Out of 1,551 registered individuals, a total of 1,482 were granted temporary protection. Between March and December 2023, 746 benefited from extensions of temporary protection. Refugees from Ukraine have unhindered access to Serbian territory, to registration procedures as well as to the procedure for obtaining temporary protection. Given the Ministry of Interior’s positive attitude towards refugees from Ukraine, they do not require substantive legal support to access and obtain temporary protection.

Content of temporary protection

• Access to rights: Beneficiaries of temporary protection are entitled to the same rights as persons granted asylum or subsidiary protection and thus, they face the same obstacles. However, access to health care, access to the labour market and other forms of assistance are mainly provided by CSOs who are funded by the UNHCR and other relevant donors such as the EU.

[1] Data obtained from UNHCR office in Serbia and practice-informed observation by IDEAS.