Country Report: Overview of the main changes since the first report Last updated: 30/11/20
The last report was published in March 2019.
- Access to the territory: Effective excess to the asylum procedure continued to be the main problem in 2019. The Constitutional Court ruled that the amendments of the Aliens Act that would allow the state to limit access to the territory for asylum seekers in case of a large number of arrivals was in breach of the principle of non-refoulment enshrined in Article 18 of the Constitution.
- Lengthiness of the procedure: The lengthiness of the procedure increased significantly. Asylum seekers had to wait up to 15 days to be able to lodge their application for international protection and, by the end of the year, more than 30% of individuals had waited more than six months for the first instance decision.
- First-instance decisions: Regardles of the increase of asylum applications only 85 people were granted international protection in 2019. For the first time Eritrean asylum seekers were issued negative decisions on their asylum applications.
- Reception capacity: The increase of asylum seekers continued to affect pre-reception conditions. The lack of capacity in case of large number of arrivals resulted in lower hygienic standards and health risks.
- Special reception needs: The Office for Support and Integration of Migrants prolonged the pilot project in the Student Dormitory Postojna until the end of 2020, since a systematic solution for unaccompanied minors was not found in 2019.
Detention of asylum seekers
- De facto detention: Due to the increase in numbers of asylum seekers and the backlog of cases, applicants were de facto detained on the premises of the Asylum Home or its branch while waiting to lodge their application for international protection.
- Suspension of detention: No legislative changes were made in 2019, however the Supreme Court decision on the provisions of the IPA in March 2019 suspended the detention of asylum seekers due to the lack of provisions defining the ‘risk of absconding’.