Freedom of movement

Slovenia

Country Report: Freedom of movement Last updated: 25/05/22

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In line with the amendments of the IPA that came to force in November 2021, asylum seekers can no longer move freely within the territory of Slovenia. Their freedom of movement is limited to the municipality in which they are accommodated.[1]  They are informed about the 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 2021, 8 individuals submitted the request to leave the municipality.[3]

All persons wishing to apply for asylum are first accommodated in the closed reception area of the Asylum Home in Ljubljana or its branch in Logatec, 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.

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:[4]

  • 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.[5]

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, his or her 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.[6] If more than nine months have passed since this implicit withdrawal, the applicant can only reapply for asylum if he or she meets the admissibility conditions for a Subsequent Application.[7]

 

 

 

[1] Article 78(1) IPA.

[2] Article 78(5)-(6) IPA.

[3] Official statistics provided by the UOIM, March 2022.

[4] Article 6(1) Decree on Asylum Centre House Rules.

[5] Article 82(6) IPA.

[6] Article 50(2) IPA.

[7] Article 50(3) 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