Special procedural guarantees

Slovakia

Country Report: Special procedural guarantees Last updated: 16/07/26

Author

Human Rights League

There are no specialised units within the MO which would deal with claims by vulnerable groups of applicants. All asylum applications are examined by the Procedural Department of the MO.

According to Article 39(4) of the Asylum Act, persons working with third-country nationals in asylum facilities shall receive training and, where appropriate, refresher training, particularly regarding the needs of vulnerable persons. Asylum applications lodged by UAMs must be examined by an employee with adequate expertise in the field of asylum and the specific needs of UAMs.[1]

Staff of the MO regularly receive training in various areas, primarily through EUAA training modules. In 2022, two national trainings were organised on the topics of Conducting Interviews with Children and Conducting Interviews with Vulnerable Persons. In addition, two trainers were certified for the modules Identification of Possible Dublin Cases and Application of Exclusion Clauses in Cases of Persons Undeserving of International Protection. In response to the war in Ukraine, staff also participated in thematic EUAA trainings focused on communication with displaced children, communication with persons who had experienced trauma, the provision of information and communication with people displaced from Ukraine, Temporary Protection: Understanding the Current Framework in the Context of the War in Ukraine, and Ad hoc Training on Temporary Protection.Additional EUAA training completed in 2022 included: Introduction to MedCOI, Trafficking in Human Beings, Introduction to Ethical and Professional Standards, Introduction to Communication for Asylum and Reception Practitioners, Introduction to the EU Legal Framework on International Protection, and further professional training on the inclusion of applicants for international protection from Afghanistan.[2]

At the turn of 2023 and 2024, all professional staff of the Procedural Department of the MO involved in asylum procedures underwent training on the EUAA module Trafficking in Human Beings, which is specifically designed for applicants for international protection.[3]

Adequate support during the interview

Article 17ab of the Asylum Act establishes a general obligation for the MO to apply a specific approach in asylum proceedings towards applicants requiring special procedural guarantees. The Act defines an asylum seeker requiring special procedural guarantees as a third-country national whose ability to exercise their rights and fulfil the obligations arising under asylum procedure is limited due to the circumstances of their particular case.

Nevertheless, specific special procedural guarantees are regulated by law only in respect of minor asylum seekers. During an interview with a minor, an MO employee is required to take into account the applicant’s age and level of intellectual and emotional maturity.[4] In the case of an UAM, an interview may only be conducted in the presence of his or her guardian. The guardian must be afforded the opportunity, prior to the interview, to inform the UAM of the purpose and possible consequences of the interview and to prepare the child accordingly.[5] Furthermore, the guardian is entitled to ask questions and raise observations throughout the interview, rather than only at its conclusion, as applies in other cases.

Exemption from special procedures

The law provides for the exemption from accelerated procedure only for UAMs.[6] No other vulnerable groups of asylum seekers or asylum seekers with special procedural needs are exempted from the accelerated procedure. (See also Accelerated procedure)

Currently, the law does not codify a border procedure. The new IPA, which will enter into force on 12 June 2026, introduces a border procedure in Articles 9 – 10. (See also Border procedure (border and transit zones)

In 2025, the MO issued only one decision rejecting an application as manifestly unfounded under the accelerated procedure.[7] However, no publicly available data exist on the number of applicants exempted from the accelerated procedure on grounds of vulnerability, or on whether applications examined under the accelerated procedure were submitted by vulnerable applicants.

 

 

 

[1]          Article 19a of the Asylum Act.

[2]          EMN, Annual Report on Migration and Asylum in the Slovak Republic in 2022, September 2023, available here.

[3]          EMN, Annual Report on Migration and Asylum in the Slovak Republic in 2023, July 2024, available here.

[4]          Artcile 6(5) of the Asylum Act.

[5]          Article 6(6) f the Asylum Act.

[6]          Article 12(4) of the Asylum Act.

[7]          The Response of the MO to a request for information submitted on 11 March 2026.

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
  • ANNEX I – Transposition of the CEAS in national legislation
  • Annex II – EU Pact on Migration and Asylum