Author
Differential treatment of specific nationalities is not based on official policies or guidelines. Nevertheless, some patterns and trends are observed in practice.
With the exception of the first period of relocation from Italy and Greece in 2015-2017, when some Iraqi nationals were issued negative decisions, all relocated applicants, mostly Syrians and Eritreans, have since been granted international protection. Other Syrian nationals whose asylum applications have been examined in Slovenia have also been granted international protection, as have the few Eritrean citizens who have not arrived through relocation. The practice changed, however, in December 2019, when the first Eritreans were issued negative decisions. These were the first decisions issued to Eritreans since the end of the relocation scheme, and, as such, were not part of the relocation scheme.[1]
In 2020, the Administrative Court made first decisions on the rejected applications of Eritrean applicants. The Administrative Court ruled that these decisions were lawful and that the applicants did not meet the conditions for international protection. In one case, the Court stated that there are systematic deficiencies regarding obligatory army service in Eritrea, since individuals are subjected to unlimited army service and forced labour. However, in the opinion of the Court, this obligatory army service does not amount to persecution, since all Eritreans are subjected to such treatment and therefore the applicant does not meet the definition allowing them to be granted international protection, as they are not a member of a particular social group.[2] The Administrative Court stated in another case that general inhumane and degrading treatment was applied to all prisoners in Eritrea, and therefore the applicant does not meet the definition that would allow them to be granted subsidiary protection, since the discriminatory nature of the treatment of certain groups of prisoners could not be established.[3] Since then different case law was not established due to lack of Eritrean applicants.
Applications from Syrian asylum seekers are generally considered to be well-founded, and Syrian applicants are granted international protection (in most cases, refugee status).[4]
Applications from Palestinian asylum seekers are also generally considered to be well-founded, and in most cases, they are granted refugee status.[5]
Applications from Ukrainians are considered to be well-founded since the start of the conflict. Ukrainian asylum seekers are granted subsidiary protection for one year. In addition, applications of Ukrainian asylum seekers are prioritised and they receive a decision within 1 – 3 months.[6]
[1] Observation by the PIC.
[2] Administrative Court Decision, I U 7/2020, 10. June 2020, available in Slovenian at https://bit.ly/3T8MZWK.
[3] Administrative Court Decision, I U 117/2020, 15. May 2020, available in Slovenian at https://bit.ly/49E26Nk.
[4] Observation by the PIC.
[5] Ibid.
[6] Ibid.