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Since the amendments of the IPA came to force on 09 November 2021, asylum seekers are no longer allowed to move freely on the territory. Their freedom of movement is limited to the municipality in which they are accommodated.[1] They are informed about this limitation of movement by the Migration directorate upon lodging the application. Applicants can only leave the municipality if it is necessary for them to exercise their rights relating to health, work and education, if they have to participate in a procedural act, or for other substantiated reasons. In order to be able to live in the municipality, they have to lodge a request to the UOIM. They can lodge an objection against the decision to the head of the UOIM within 3 days from receiving it.[2] In practice this poses a challenge. The majority of municipalities in Slovenia are small. Asylum seekers accommodated in Logatec cannot access all of the services, shops, sport activities etc. in the municipality. In addition, some asylum seekers live in private accommodation in smaller municipalities. Asylum seekers often work outside of Ljubljana. In addition, since the asylum procedure can last for years, asylum seekers form ties outside of Ljubljana and regularly visit other parts of Slovenia with NGOs, friends etc. The provisions therefore pose a logistical obstacle. In case the applicants leave the municipality without the permit of the UOIM and are apprehended by the police they are ordered to return and their monthly allowance can be withdrawn.[3] The limitation does not apply for unaccompanied minors.[4]
According to Article 32. Of the Slovene Constitution everyone has the right to freedom of movement. The provisions were submitted to the Constitutional Court for review by parliamentarians in 2022.[5] The decision was not made by the end of the year. [6]
In 2022, 398 requests to leave the municipality were submitted. 333 requests were granted.[7]
All persons wishing to apply for asylum are first accommodated in the reception area of the Asylum Home in Ljubljana, where they wait for their medical examination as well as Eurodac fingerprinting and photographing, followed by the information session and the lodging of the asylum application (see Detention of Asylum Seekers).
After the lodging of the asylum application, they are accommodated in the Asylum Home or one of its branch facilities, depending on their personal circumstances. Single men are normally accommodated in the Asylum Home or its branch facility Kotnikova in Ljubljana, families in the Asylum Home, and unaccompanied children in the student dormitory in Postojna or the Asylum Home. The Asylum Home is also divided into separate units for single men, families and children. The practice changes frequently depending on the number of arrivals.
During the day, applicants can leave their place of accommodation as they wish. However, at night they have to respect the Asylum Home house rules, which state that absence from the facility is allowed during the following hours:[8]
- For adults: Monday- Thursday: 06:00 – 23:00, Friday- Sunday/holidays: 6.00 – 1.00
- For unaccompanied children: Weekdays 06:00 – 21:00; Weekends / holidays: 06:00 – 22:00
If they wish to leave the accommodation facility outside the prescribed hours, applicants have to obtain permission in advance. Permission cannot be issued for more than 7 days and the total amount of permissions issued cannot exceed 60 days in one year.[9] In 2022 UOIM issued 296 permissions.[10]
Arbitrary departure from the appointed premises of accommodation can also have consequences on the asylum procedure itself. If the applicant leaves the premises of the Asylum Home or its branch facility and does not return after 3 days, their application is considered to be implicitly withdrawn. The asylum application can also be considered to be implicitly withdrawn if the applicant sleeps outside the accommodation centre without permission and does not provide substantiated reasons for doing so.[11] If more than nine months have passed since this implicit withdrawal, the applicant can only reapply for asylum if they meet the admissibility conditions for a Subsequent Application.[12]
[1] Article 78(1), first intendant IPA.
[2] Article 78(5)-(6) IPA.
[3] Article 85(2) IPA.
[4] Article 78(7) IPA.
[5] 24.ur, Določbe zakona o tujcih in mednarodni zaščiti v ustavno presojo, available at: https://bit.ly/3Pv1Yq7.
[6] 24.ur, Določbe zakona o tujcih in mednarodni zaščiti v ustavno presojo, available at: https://bit.ly/3Pv1Yq7.
[7] Official statistics provided by the UOIM, February 2023.
[8] Article 6(1) Decree on Asylum Centre House Rules.
[9] Article 82(6) IPA.
[10] Official statistics provided by UOIM, February 2023.
[11] Article 50(2) IPA.
[12] Article 50(3) IPA.