Criteria and restrictions to access reception conditions

Slovenia

Country Report: Criteria and restrictions to access reception conditions Last updated: 25/05/22

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] Applicants who lodge their first request for subsequent application also have the right to material reception conditions until a final decision in the procedure becomes enforceable.[3] Applicants who lodge a second request for a subsequent application do not have the right to material conditions.

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.[4] A provision was included in the IPA with the amendments, providing that applicants in the Dublin procedure have the same rights as asylum seekers until their transfer.[5]

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.[6] 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 or its branch Logatec (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.[7] Since the amendments of the IPA came to force on 09 November 2021, applicants are no longer allowed to move freely on the territory. Their freedom of movement is limited to the municipality in which they are accommodated.[8] They are informed about this limitation of movement by the Migration Directorate upon lodging the application. (see: Freedom of movement)

The law provides that applicants who have their own means of subsistence (amounting to the basic minimum monthly income of 421,89€ per person)  have to bear all, or the proportional share, of the cost for their material care,[9] which includes reception or accommodation. They are also not entitled to food, clothes, shoes[10] or a monthly allowance[11]. 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 Migration Directorate 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 Migration Directorate and the interpreter have to sign the form together with the asylum seeker.

In practice, there are no particular problems reported regarding the access to reception conditions and individuals do not have to bear all, or the proportional share of the costs.

Accommodated persons are obliged to move out of the reception center when the decision on their application becomes enforceable.[12] 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] Article 78(3) IPA.

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

[5] Article 78(2) IPA.

[6] Article 78(2) IPA.

[7] Article 107 IPA.

[8] Article 78(1), first intendant IPA.

[9] Article 82(3) IPA.

[10] Ibid.

[11] Article 85(1) IPA.

[12] 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