Grounds for detention

Slovenia

Country Report: Grounds for detention Last updated: 31/03/21

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According to the law, asylum seekers can be detained:[1]

  1. In order to verify and establish their identity or nationality in case of a clear doubt;
  2. To establish certain facts on which the application for international protection is based that cannot be obtained without the measure, and there is reasonable possibility that the applicant will abscond;
  3. Where they are detained in order to facilitate return or removal and it can be reasonably assumed that they applied for international protection in order to postpone or obstruct the procedure wherein they had the opportunity to apply for international protection;
  4. In order to prevent security threats to the country or to the constitutional order of the Republic of Slovenia or if it is necessary to protect personal safety, property and other grounds related to public safety;
  5. In accordance with Article 28 of the Dublin Regulation.

Asylum seekers can be detained in the regular, accelerated or Dublin procedure. They can only be detained in the Aliens Centre or the Asylum Home and there are no legal provisions for detention at the border. In practice, most asylum seekers are detained in the Aliens Centre pending a Dublin transfer.

The grounds for detention are normally listed in the detention decision. However, they are often not sufficiently justified, which is one of the main reasons why they are often successfully challenged before the court.

The risk of absconding is normally listed as a ground for the decision but often not properly justified. The IPA does not contain a definition of the “risk for absconding”. Therefore, the Migration Office uses the definition contained in Article 68 of the Aliens Act:

  1. “Circumstances that indicate the risk of absconding of an alien are as in particular:
  • the alien’s prior illegal residence in the Republic of Slovenia;
  • the alien’s entrance into the country despite an entry ban imposed on him or her;
  • a final judgment has been issued against the alien for a criminal offence;
  • the alien possesses a travel or other document, which belongs to another person, is forged or altered;
  • the alien has provided false information or is uncooperative in the procedure;
  • the conduct of the alien suggests that he or she will not depart from the Republic of Slovenia by the deadline set for voluntary return.
    1.  Less serious circumstances indicating that an alien is at risk of absconding are in particular:
  • the alien’s illegal entrance into the Republic of Slovenia,
  • the fact that the alien has exceeded the period of legal residence in the country by less than 30 days;
  • there is no possibility for the alien to reside in the Republic of Slovenia;
  • other less serious circumstances identified on the basis of specific examination.”

Detention in the Dublin procedure or on any other ground that requires the risk of absconding to be is established is now unlawful following on from the 2019 judgment of the Supreme Court, as referred above.[2] The only possible ground for detention in Slovenia until the appropriate amendments to the IPA will be made is in order to prevent security threats to the country or to the constitutional order of the Republic of Slovenia or if it is necessary to protect personal safety, property and other grounds related to public safety.

Individuals in return procedures are also detained in the Aliens Centre, primarily designed for that purpose. If they express the intention to apply for asylum they can be transferred to the Asylum Home or continue to be detained in the Aliens Centre on the grounds of a new detention decision, if it is determined that they have expressed an intention to seek asylum only in order to frustrate the procedure of return.[3]

 


[1]  Article 84(1) IPA.

[2] Supreme Court Decision, X Ips 1/2019 from 13. 3. 2019, available at: https://bit.ly/2Q5VHnF.

[3]  Article 84(1) IPA.

 

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