Asylum in Serbia: Understanding the Process and Restrictions

Serbia has imposed specific measures for asylum seekers and migrants due to the state of emergency declared in March 2020. These restrictions, along with the asylum registration process, play a crucial role in managing individuals seeking refuge in Serbia. This blog will break down the asylum process, the rights of asylum seekers, and how the state of emergency affects their movement within the country.

Restrictions on Movement for Asylum Seekers and Migrants

On March 16, 2020, the Government of Serbia introduced a decision that temporarily restricts the movement of asylum seekers and irregular migrants in asylum and reception centers. The goal is to prevent the spread of infectious diseases and control the movement of individuals who might carry the virus.

Asylum seekers and irregular migrants can leave the facilities only in exceptional cases. These include medical emergencies or other valid reasons. They must obtain a special permit from the Commissariat for Refugees and Migration of the Republic of Serbia. The permit is time-limited and valid only for the stated reason.

Registration and Starting the Asylum Procedure

In Serbia, the right to asylum is granted to foreigners seeking protection under the Law on Asylum and Temporary Protection. Foreigners may apply for asylum by expressing their intention either verbally or in writing to an authorized police officer during border checks or within Serbia’s territory. They may also express this intention at an Asylum Centre or a designated accommodation facility.

Once a foreigner expresses their intent to seek asylum, they must register immediately with the police. They will then be referred to an Asylum Centre or another designated facility. The foreigner must report to the facility within 72 hours of receiving the registration certificate.

The registration process includes photographing and fingerprinting the individual (except for minors under 14). The police issue a registration certificate confirming the foreigner’s registration. Upon arrival at the Asylum Centre, the Commissariat confirms the registration.

Asylum Application Process

Once registered, asylum seekers must submit their asylum application within 15 days. The application must be submitted in person, though there are exceptions under the law. An authorized officer from the Asylum Office will then interview the applicant to verify the details of their claim.

The applicant must fully cooperate with the officer and provide truthful, credible explanations for their asylum claim. The interview is confidential, and the applicant must attend it personally. Even if the applicant has a legal representative, the interview will proceed without the attorney if they fail to attend.

In some cases, family members of the applicant may be interviewed separately, unless the officer determines it is necessary to interview them together.

Rights of Asylum Seekers in Serbia

While the asylum procedure is ongoing, asylum seekers in Serbia have specific rights:

• The right to reside and move freely within Serbia.

• Access to material reception conditions, social assistance, healthcare, and education.

• Legal aid and the right to information.

• Religious freedom and access to the labor market.

• The right to receive personal documentation.

Timeframe for the Asylum Procedure

The asylum process is thorough and can take time. Generally, the authorities aim to make a decision within three months. However, if the case involves complex issues or a high number of applicants, the timeframe may be extended by another three months. In some cases, it may take up to 12 months to finalize a decision.

Asylum seekers are entitled to stay in Serbia while their application is processed. They are also entitled to the services and rights mentioned earlier. Serbia monitors the situation in the applicant’s country of origin every three months to determine if the situation there justifies a delay in the decision.

Conclusion: Navigating the Asylum Process in Serbia

The asylum procedure in Serbia involves several important steps. Each case is unique and depends on the individual circumstances of the asylum seeker. Understanding the process and knowing your rights can greatly impact the outcome. If you need further assistance or legal guidance, it’s important to consult with an experienced immigration lawyer to help you navigate the asylum process in Serbia.