Reduction or withdrawal of reception conditions

Slovenia

Country Report: Reduction or withdrawal of reception conditions Last updated: 30/11/20

Author

The only form of reception conditions that can be withdrawn is the monthly allowance of 18€. This can occur if the applicant stays the night outside of the Asylum Home without prior permission.[1] The monthly allowance can also be withdrawn or reduced to compensate for damage purposely caused to the accommodation facility.[2]

Such withdrawal or reduction has not been imposed in practice in 2016 and 2017. In 2018 the measure was used, however the statistical data on the number of cases was not gathered and therefore not available. In 2019 the withdrawal or reduction of the monthly allowance to asylum seekers became a regular practice and UOIM issued 115 decisions to withdraw the monthly allowance (principally on account of persons staying the night outside of the Asylum Home without prior permission).[3]

The decision to reduce or withdraw the monthly allowance is made by the head of UOIM.[4] The IPA does not regulate the assessment of the asylum seekers’ risk of destitution or ability to provide for their own basic needs, nor does it define “destitution” or “basic needs”. Similarly, and in practice, the decision to reduce or withdraw the monthly allowance does not contain the assessment of the asylum seekers’ risk of destitution or ability to provide for their basic needs but only the legal grounds and the reason for the decision.  

The applicant can submit an appeal against the decision on withdrawal of monthly allowance within three days to the head of UOIM; in such case free legal assistance by PIC is available to asylum applicants in practice, though not guaranteed by law.

 


[1]           Article 85 IPA.

[2]           Article 82(4) IPA.

[3]           Official statistics provided by UOIM, January 2020.

[4]           Article 85(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