Author
The Asylum Act provides that the employee of the MO shall, prior to conducting the entry interview, but no later than 15 days from the commencement of the asylum procedure, instruct the applicant about the asylum procedure, in particular regarding:
- his or her rights and obligations,
- the possible consequences of failing to fulfil or breach those obligations,
- the possible consequences of non-compliance,
- the consequences of the explicit or implicit withdrawal of the application,
- time limits,
- possibility of requesting legal representation and access to legal aid.[1]
Additionally, the determining authority shall also provide information on NGOs providing assistance to asylum seekers and beneficiaries of international protection.[2]
The instruction and information shall, where possible, be provided in writing and in a language which it may reasonably be assumed the applicant understands; in the case of a minor, the instruction and information shall be provided in a manner appropriate to his or her age and level of intellectual and volitional maturity.[3]
In practice, the asylum applicants are provided with an 18-page brochure with instructions on their rights and obligations. The brochure is publicly available in Slovak and English on the website of the MoI. The applicants are provided with one printed copy of the brochure, and/or the content of the brochure is interpreted into a language which it may reasonably be assumed the applicant understands. The applicants must sign a declaration confirming that they have received the brochure or that the instructions were interpreted to them.
UAMs are provided with the same brochure, which includes a separate section addressed to applicants placed in Centres for Children and Families. However, the information contained in this section is relatively brief and primarily focuses on the obligations associated with staying in the Centre for Children and Families. The language and visual design of this section do not differ from the rest of the brochure.
Although the Asylum Act explicitly provides that asylum applicants must be informed about NGOs offering assistance to asylum seekers and beneficiaries of international protection, the brochure does not include the contact details of any specific organisation providing such assistance. Instead, it merely informs applicants of their right to make use of NGO services and states that more detailed information can be obtained at the facility where they are accommodated, from information leaflets, or from employees of the MO.
Additionally, in 2024, the MO, in cooperation with the Faculty of Arts of Comenius University in Bratislava and UNHCR, prepared a simplified version of the instructions for asylum seekers drafted in plain language, which is also available online in 13 languages.[4] This simplified version does not replace the official brochure containing information on the rights and obligations of asylum seekers; rather, it is provided to applicants together with the original version.
Information on Dublin
The brochure containing instructions for asylum seekers on their rights and obligations, referred to in the previous section, is provided to all applicants for international protection, including those subject to the Dublin procedure. It includes a dedicated section outlining the Dublin Regulation and the Dublin procedure. While the information presented in the brochure is of a general nature, applicants whose cases are channelled into the Dublin procedure are subsequently provided with more detailed information. They are provided with a four-page information leaflet entitled “Information on the Dublin Regulation for Applicants for International Protection under Article 4 of Regulation (EU) No. 604/2013” (Informácie o Dublinskom nariadení pre žiadateľov o medzinárodnú ochranu podľa článku 4 Nariadenia (EÚ) č. 604/2013). The document is in a Q&A format and also contains contact details for the MO, the Office for Personal Data Protection, the BBFP PFP, the UNHCR, the Centre for Legal Aid, and the IOM. However, it does not include contact details for NGOs providing assistance to refugees. Additionally, they are also provided with Dublin leaflet prepared by the EUAA.
Information at the border
There is insufficient information about the right to apply for asylum provided to foreigners at the border crossing points and the foreign police departments.
The Act on Residence of Foreigners provides that where circumstances indicate that an individual intends to seek international protection, the police department at the border crossing point shall provide information on the possibility of applying for asylum.[5] The interpretation shall be ensured to the extent necessary to facilitate access to the asylum procedure.[6] In practice, the provision is rarely applied.[7]
[1] Article 4(2) the Asylum Act.
[2] Ibid.
[3] Ibid.
[4] Plain version of the brochure in English.
[5] Article 126(9) of the Act on Residence of Foreigners.
[6] Ibid.
[7] Based on HRL´s experience.