Author
General (scope, criteria, time limits)
The national legislation does not regulate a separate admissibility procedure. According to the Art. 11(1)(a-f) of the Asylum Act, the determining authority, within the regular procedure, rejects the asylum application as inadmissible if:
- The applicant has been granted asylum by a non-EU country and can effectively enjoy the protection. This does not apply if the applicant is unable to return to that country effectively (First Country of Asylum).
- The applicant comes from a safe third country. This does not apply if that country cannot be considered safe in the applicant’s case, if the applicant cannot be effectively returned there, or if the applicant is an unaccompanied minor and returning him or her is not in his or her best interests.
- Another state is responsible for examining the asylum application (Dublin Procedure).
- An EU Member State has granted the applicant asylum or subsidiary protection on grounds of serious harm. This does not apply if Slovakia agreed to relocate the applicant to its territory.
- The applicant is a citizen of an EU Member State.
- it is a subsequent asylum application, and a final decision has already been issued in a previous asylum procedure concluding that the application is manifestly unfounded, asylum is not granted, asylum is withdrawn, subsidiary protection is not extended, or subsidiary protection is annulled, and there has been no substantial change in the factual situation since the final decision.
The authority that issues the decision to reject the asylum application as inadmissible is the same as in the regular procedure.
The decision to reject the application as inadmissible must be issued within the same time limits that apply for the regular asylum procedure.
In 2025, the MO rejected a total of 24 asylum applications as inadmissible.[1]
| Decisions on rejecting the asylum application as inadmissible (Article 11 of the Asylum Act) | |
| Inadmissibility Ground | A total No. of decisions issued in 2025 |
| First Country of Asylum
(Article 11(1)(a)) |
0 |
| Safe Third Country
(Article 11(1)(b)) |
0 |
| Another State Responsible
(Article 11(1)(c)) |
10 |
| Beneficiary of international protection in another EU Member State
(Article 11(1)(d)) |
2 |
| Citizen of an EU Member State
(Article 11(1)(e)) |
6 |
| Subsequent Asylum Application
(Article 11(1)(f)) |
6 |
Personal interview
The interview of an asylum seeker is mandatory, also before issuing the decision to reject the application as inadmissible and is conducted by the MO in the same way as described under Regular Procedure: Personal Interview.
Appeal
The decision to reject the asylum application as inadmissible may be appealed by submitting an administrative appeal to the administrative courts. The administrative appeal must be filed within 20 days of the notification of such a decision.[2] Filling the administrative appeal against the decision to reject the asylum application as inadmissible does not have an automatic suspensive effect, with the exception that the decision to reject the application as inadmissible was issued on the grounds that the applicant comes from a safe third country (Article 11(1)(b) of the Asylum Act). The claimant may request the granting of the suspensive effect of the administrative appeal. Such a request must be submitted together with the administrative appeal, and the administrative court must decide on it within 15 days of its submission.[3] Otherwise, the appeal system, including the time limits for issuing the decision, oral hearing and onward appeal, is the same as in the Regular Procedure: Appeal.
Legal assistance
Free legal assistance for asylum seekers whose applications have been rejected as inadmissible is provided under the same conditions and in the same context as described in Regular Procedure: Legal assistance. The free legal assistance is guaranteed only in an appeal procedure by the Centre for Legal Aid. Legal assistance in the first instance and appeal procedure is predominantly provided by NGOs (mainly HRL and SHC), which are funded through projects.
[1] The Response of the MO to a request for information submitted on 11 March 2026.
[2] Article 211(2) of the AJC.
[3] Article 213(2) of the AJC.