Author
The IPA provides that, before applying for international protection, applicants must be provided with information, in a language they understand, about the procedure, their rights and obligations, possible consequences of failure to comply with the obligations and failure to cooperate with the competent authorities, the timeframes for legal remedies and information about refugee counsellors and NGOs working in the field of international protection.[1] At the request of the applicant, all information relating to their individual asylum procedure also needs to be provided free of charge throughout the procedure.[2]
The law does not specify in what form the information is to be provided. After the applicants have undergone their medical examination and before they lodge their asylum application, information is provided through a video that was made in 2020. The duration of the information video is approximately seven minutes. The video contains information about the procedure, the rights and obligations of asylum seekers, and the right to appeal.[3] It does not contain information concerning the reasons for seeking asylum, nor about the NGOs working in the field of international protection.
In 2020, there was no available information video tailored to unaccompanied minors. In 2021, the information video was made for use by unaccompanied minors.[4] However, the only difference with that for adults is that it contains additional information on the procedure of unaccompanied minors. The video does not include grounds for asylum and is not adapted to minors in any other way (e.g., the content is not presented in a child-friendly manner). Legal guardians of unaccompanied minors are usually present during the video presentation and can participate to the provision of information; this is usually the first opportunity for them to meet with the child and introduce themselves after being appointed. The information is also not tailored for the specific needs of certain categories asylum seekers, such as potential victims of trafficking.
All asylum applicants are entitled to the information session, regardless of the type of procedure that may ensue.[5] Applicants who lodge a request for a subsequent application are not entitled to the information session, however they often receive it in practice, especially if they have lodged their first request for a subsequent application. As the information is provided through the video, not all of the aspects of the asylum system in Slovenia are addressed and adequately presented. For example, applicants are informed about their rights and obligations during the Dublin procedure – consequences of travelling on to another EU Member State, absconding from a transfer – but it remains difficult to guarantee a full understanding of the functioning of the Dublin system and its consequences for their individual case in practice.[6]
Throughout the asylum procedure, PIC lawyers are available to asylum seekers for any questions regarding procedures as well as their rights and obligations. In 2023 PIC lawyers assisted 776 individuals during the asylum procedure and the family reunification procedure.
Upon request of the applicant or their legal representative, information may also be provided by Migration directorate officials in individual cases during the official interviews or separately.[7]
In the past, during the asylum application process, people were also given a brochure in their language, prepared by the Migration directorate, which described the asylum system in Slovenia. The brochure was updated in 2020. However, asylum seekers do not automatically receive it upon lodging the application. In practice, asylum seekers can read the brochure in the lobby while waiting to lodge the application, but they cannot keep it for future reference unless they explicitly express their wish to do so.[8] The brochures are also available online.[9] Information about the brochures and a QR code to access them is available on posters on the premises of the Ministry where the procedures take place.[10]
In the police procedure, the information on the right to asylum is in practice provided through brochures, posters and the police officers conducting the procedure. Access to the brochures and posters with information on the right to asylum is also monitored by the Ombudsperson during the National Preventive Visits to the police stations.[11]
[1] Article 5(1)-(2) IPA.
[2] Article 5(3) IPA.
[3] Videos are available at: https://bit.ly/42P6bfd.
[4] Ibid.
[5] Article 5(1) IPA.
[6] Observation by the PIC.
[7] Article 5(3) IPA.
[8] Observation by the PIC.
[9] Brochures are available at: https://bit.ly/42P6bfd.
[10] Observation by the PIC.
[11] National Preventive Mechanism, Priporočila iz obiskov (preglednice), available at: https://bit.ly/3l6Xhs0.