Criteria and restrictions to access reception conditions

Slovenia

Country Report: Criteria and restrictions to access reception conditions Last updated: 31/03/21

Author

The authority responsible for accommodation and reception of asylum applicants is the Government Office for Support and Integration of Migrants (Urad vlade za oskrbo in integracijo migrantov, UOIM). The office is an independent authority operating directly under the Slovenian Government and is also responsible for assistance to and integration of beneficiaries of international protection. Prior to its establishment in 2017, the above listed duties were the responsibility of the Migration directorate under the Ministry of the Interior, also (and still) responsible for asylum procedures.

The IPA grants the right to material reception conditions which includes accommodation provided in the Asylum Home or its branch facilities during the whole procedure to all asylum seekers regardless of the procedure they are in,[1] until a final decision on their application becomes enforceable.[2]

In relation to asylum seekers subject to Dublin procedures, the Supreme Court clarified in 2018 that asylum seekers retain the right to reception conditions until the moment of their actual transfer to another Member State, despite the wording of Article 78(2) IPA. The Court stated that, to ensure an interpretation compatible with the recast Reception Conditions Directive and Article 1 of the EU Charter, Article 78(2) should not apply in Dublin cases.[3]

Applicants are entitled to material reception conditions by lodging their asylum application; the law makes no distinction between “making” and “lodging” an application in this regard.[4] In practice, from the moment they express the intention to apply and until they have formally lodged their application, asylum seekers are held in the Asylum Home (see Detention of Asylum Seekers).

Applicants also receive an identification card which certifies their status as applicants for international protection in the Republic of Slovenia,[5] and they have the right to move freely on the territory of the country.

The law provides that applicants who have their own means of subsistence or another source of livelihood bear all or the proportional share of the cost for their material care,[6] which includes reception or accommodation. Asylum seekers must declare their financial resources before they are accommodated in the Asylum Home or its branch. The form regarding their financial resources is part of their accommodation documentation and is filled by the officials of the Ministry of the Interior with the help of an interpreter. The content and the purpose of the form are explained to the asylum seeker and both the official of the Ministry of the Interior and the interpreter have to sign the form together with the asylum seeker. According to Article 7 of the Decree on the methods and conditions for ensuring the rights of persons with international protection, asylum seekers do not have to bear the costs of their material care if their monthly income is less or equal to 0.2% of the monthly cost of their material care, taking into account the number of asylum seekers family members. However, these provisions do not seem to be applied in practice.

In practice, there are no particular problems reported regarding the access to reception conditions.

Accommodated persons are obliged to move out of the reception centre when the decision on their application becomes enforceable.[7] In the case of granted international protection, this is 15 days from the receipt of the decision (see Content of International Protection: Housing). In case of a negative decision, applicants retain all of their reception rights, including the right to live in the reception facility during the appeal (judicial review) procedure. If the negative decision is confirmed by the court, the rejected applicant must move out of the facility and the return procedure is started if he or she does not have the right to stay in Slovenia.

[1]           Article 78(1) IPA.

[2]           Article 78(2) IPA.

[3]           Supreme Court, Decision Up 10/2018, 12 June 2018.

[4]           Article 78(2) IPA.

[5]           Article 107 IPA.

[6]           Article 82(3) IPA.

[7]           Article 78(2) 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