Safe country of origin

Slovenia

Country Report: Safe country of origin Last updated: 30/11/20

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The concept of the safe country of origin is defined in Article 61 IPA. A third country is designated as safe in case it can be concluded, based on the legal situation, the application of the law within the democratic system and the general political circumstances, that there is no general and consistent persecution, torture, inhuman or degrading treatment or punishment in the country and no threat of indiscriminate violence in situations of international or internal armed conflict.[1]

According to the law, a country is declared a safe country of origin by the Government of the Republic of Slovenia based on a proposal of the Ministry of Interior, which regularly monitors the situation in the country through the information gathered by other EU Member States, EU institutions and other relevant international organisations.[2]

In case the Ministry finds out that the conditions regarding the human rights situation have deteriorated considerably or if it doubts that the country is still fulfilling the conditions needed to be considered as a safe country of origin, the Ministry can re-examine if the country can still be considered safe. In case the country can no longer be considered a safe country of origin the Ministry can make a proposal to remove it from the list of safe countries of origin.[3]

The Government notifies the European Commission about the declaration of the country as a safe country of origin and about changes relating to the declaration of the country as a safe country of origin.[4]

A third country can be considered a safe country of origin in an individual case if the applicant has citizenship or, in case the applicant is a stateless person, he or she had habitual residence in the country and failed to prove that it cannot be considered a safe country of origin due to specific circumstances in his or her case. In this case, the competent authority can reject the applicant’s claim for international protection as manifestly unfounded in an Accelerated Procedure.[5]

The concept is used in practice. However, since there are no considerable differences between a regular and an accelerated procedure and since an applicant that is considered to come from a safe country of origin can still provide evidence that the country in question is not safe for him or her, the safe country of origin principle does not have strong practical implications.

The Government has declared Albania, Algeria, Bangladesh, Bosnia and Herzegovina, Montenegro, Egypt, Kosovo, North Macedonia, Morocco, Serbia, Tunisia and Turkey as safe countries of origin with the Ordinance determining the List of Safe Countries of Origin, adopted in February 2016.[6] This marked the first time countries were designated as safe countries of origin by Slovenian authorities. In June 2019, the Government amended the Ordinance and removed Turkey from the safe country of origin list and added Georgia, Nepal and Senegal. Therefore Albania, Algeria, Bangladesh, Bosnia and Herzegovina, Montenegro, Egypt, Georgia, Kosovo, Morocco, Nepal, Senegal, North Macedonia, Serbia and Tunisia were determined as safe countries of origin by the Government.[7]

In 2019, a total 2,183 nationals of countries designated as safe countries of origin applied for asylum in Slovenia:

 

Asylum seekers from “safe countries of origin”: 2019

Country of origin

Number of applicants

Algeria

1,060

Morocco

741

Bangladesh

179

Tunisia

132

Egypt

40

Kosovo

9

Serbia

8

Albania

6

Bosnia and Herzegovina

5

North Macedonia

2

Senegal

1

Total

2,183

Source: Migration Office

 

However, all of the above cases have been examined in regular procedures without applying the safe country of origin concept, as the concept was not used in 2018 or in 2019.



[1]  Article 61(1) IPA.

[2]  Article 61(3) IPA.

[3]  Ibid.

[4]  Article 61(4) IPA.

[5]  Article 62(1)-(2) IPA.

[6] Article 1 Ordinance determining the list of safe countries of origin, Official Gazette of RS, No. 13/16.

[7]  Ordinance determining the list of safe countries of origin, Official Gazzette of RS, No. 38/19.

 

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the first report
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation