EMN FOCUSED STUDY The Organisation of Reception Facilities for Asylum Seekers in different Member states. Slovene national contribution

Transcription

1 EMN FOCUSED STUDY 2013 The Organisation of Reception Facilities for Asylum Seekers in different Member states Slovene national contribution July 2013

2 The study The Organisation of Reception Facilities for Asylum Seekers in different Member states has been prepared in cooperation with the Legal Information Centre for NGOs PIC, Slovene National contact point within the European Migration Network and Sector for accommodation, care and integration at the Ministry of the Interior of the Republic of Slovenia. European Migration Network was established due to the need to exchange information on all aspects of migrations and the establishment of a common asylum and migration policy. Council Decision 2008/381/EC which provides a legal basis for the establishment of the European Migration Network, was adopted on 14 May, More information about the European Migration Network is available at: Disclaimer: The following responses have been provided primarily for the purpose of completing a Synthesis Report for the above-titled EMN Focussed Study. The contributing EMN NCPs have provided information that is, to the best of their knowledge, up-to-date, objective and reliable within the context and confines of this study. The information may thus not provide a complete description and may not represent the entirety of the official policy of an EMN NCPs' Member State.

3 Summary Organisation of reception facilities for asylum seekers, as well as other irregular migrants in Slovenia is mainly determined by the size, that is smallness of the country, and the relatively small influx of migrants to the territory of the Republic of Slovenia. In Slovenia, there is currently only one open reception facility, the Asylum Centre in Ljubljana, which was built in 2004 and the Aliens Centre in Postojna, for aliens under police surveillance; this facility is closed reception facility and is used to accommodate aliens who do not qualify for residence in the RS and are in the process of removal from the country. The Aliens Centre also implements restrictions of movement for asylum seekers. After entering the Schengen area and the construction of associated infrastructure, including reception facilities for asylum seekers, Slovenia efficiently began to restrict (illegal) entry to the country and (illegal) stay in it. Calming of the situation in the region and in the Balkan migration route, as well as the effects of measures to prevent illegal migration, inter alia, resulted in a relatively low number of applicants for international protection. Situation in the field of applicants is monitored through risk analysis prepared by the police for the future six months period, and draws attention to the possibility of increased needs for housing. Aliens who have the intention of applying for international protection are accommodated in reception premises of the Asylum Centre. International protection seekers are entitled to accommodation in the reception facility from submitting a complete application onward. Quality of reception conditions depends on applicants possibilities to access relevant information, housing conditions, access to legal advice, access to education, health care and employment, duration of the asylum proceedings and possibility for freedom of movement. By reviewing the existing legislation and practice in the field of housing conditions and with consideration to minimal standards for reception of asylum seekers as regulated by the Council Directive 2003/9/EC, it is possible to state with certainty, that Slovenia, despite of legislation amendments in 2011 and 2012 that constituted lowering of existing standards, still provides such levels of accommodation conditions, which ensure applicants for international protection a decent standard of living and in comparison to other state members, the standards are on a relatively high level. During the period there has been no increased demand related to asylum seekers housing in Slovenia and therefore specific mechanisms for ensuring flexibility of accommodation system have not been used or established, to adapt to increased demands. The average occupancy of the Asylum Centre in Ljubljana is about 37, 6%. Therefore during the entire period, housing conditions stayed relatively the same and at a satisfactory level.

4 Section 1 Different types of Reception Facilities and different Actors In Slovenia, the area of accommodation for applicants for international protection is regulated by the International Protection Act 1, Aliens Act 2 and Temporary Protection of Displaced Persons Act 3 (this form of protection does not fall within the scope of Council Directive 2003/9/EC on regulating minimum standards for reception of asylum seekers) and other relevant implementing acts. In accordance with the Article 78 of the International Protection Act, the applicants for international protection in the Republic of Slovenia have the right to basic care, which includes accommodation in the Asylum Centre or its branch facilities, from the day of submitting international protection application until the final decision on the application. The Asylum Centre is an open reception facility, managed and financed by the Ministry of the Interior, more precisely, its Internal Administrative Affairs, Migration and Naturalization Directorate. It includes reception premises, sanitation-disinfection and medical tract, isolation premises, administration facilities, reception, dining room with food distribution premises, multipurpose room, area for religious activities and accommodation sections. Prior to accommodation and before submitting an application for international protection, an applicant is, with the help of an interpreter, in his language provided with information on rights and responsibilities in the proceedings 4 (orally), rights that derive from international protection applicant status and rules of residence in the Asylum Centre (brochure in a language comprehensible to applicants). Also a medical examination is carried out. After lodging an application, applicants are accommodated in one of the sections of the Asylum Centre and receive a card which is a document confirming the applicant's status and is also a permit stating that person may remain in Slovenia up to the enforceability of the decision in the process of international protection. Applicants staying in the Asylum Centre have not restricted movement but they are required to abide by the house rules 5 and of course instructions and precautions of competent persons. Applicants who have their own means of subsistence or whose livelihood is provided in a different way, should, according to the law, cover the costs or proportionate share of the costs of basic care themselves, but so far this has not been the practice. The applicant may be, if necessary (health reasons or other specific personal circumstances) accommodated in other relevant institutions or be enabled to move to a private address, for which financial aid may be assigned. An interministerial committee appointed by the responsible minister decides on the application for accommodation in private facilities. 1 International Protection Act (ZMZ), Official Gazette of RS, no. 111/2007 and subsequent amendments 2 Aliens Act (ZTuj-2), Official Gazette of RS, no. 50/2011 and subsequent amendments 3 Temporary Protection of Displaced Persons Act (ZZZRO), Official Gazette of RS, no. 65/ Applicants informing is conducted by the NGO selected by public tender. 5 Asylum Centre House rules, Official Gazette of RS, no. 62/2011

5 The Ministry could, through a public tender, chose and mandate an organization, foundation, institute or other similar non-profit legal entity whose activities include housing of applicants, to organize functioning and residing in the Asylum Centre. In case that an applicant for international protection is imposed with the measure of restrictions of movement or in the event of a negative decision, the alien is according to the Aliens Act handed over to the Police the Aliens Centre in Postojna that carries out the proceedings for returning the alien to his state of origin (not in all cases, if an alien enters the country with a biometric passport he is set with a deadline for the voluntary return and is not accommodated at the Aliens Centre). The Aliens Centre is a secured facility under the supervision of the police. The Centre's mission is to implement the removal of aliens from the country, and provision of accommodation and care for aliens during the time that is absolutely necessary for their removal. In cases of restrictions of movement of vulnerable persons with disabilities or families with children, movement is usually restricted to the area of the Asylum Centre. The Aliens Centre can receive and accommodate up to 220 aliens. Accommodation is appropriate for men, women, minors and families who stay in separate sections. In the Asylum Centre are accommodated: -applicants for international protection, who have been ordered restricted movement based on the International Protection Act (not all), -applicants for international protection who have submitted a new application, -applicants under the Dublin procedure (not all), -applicants for international protection whose application had been rejected and that decision has become enforceable (awaiting return) and aliens who reside illegally in the Republic of Slovenia: -aliens who do not leave the country within the stipulated deadline and can not be immediately removed from the country, -aliens whose identity is unknown, -aliens who have been ordered the expulsion, -unaccompanied minor aliens, -aliens who are staying in the RS illegally and awaiting removal under a bilateral agreement, until they are delivered to foreign security authorities, -aliens who are in the process of removal. Persons granted international protection (refugee status or recognized subsidiary protection) have, from the day of final decision on status granting, two options relating accommodation accommodation in integration house or at a private address. The Ministry manages two integration houses, one in Ljubljana and one in Maribor. Accommodation in integration house or other housing facilities of the Ministry is possible for maximum one year, counting from the day of status granting. In exceptional cases, the competent authority may extend the right to accommodation in an integration house or other accommodation facilities of the Ministry up to six months, to a person granted international protection, when there are valid health or other reasons, determined by the competent authority. Merits of reasons with the option of extension are determined by specialized panel that prepares suggestions and opinions relating to accommodation of persons granted international protection in housing facilities of the Ministry. Person granted international protection, who is or wishes to be accommodated at a private address and has no means of subsistence or whose livelihood is not provided in a different way is entitled to a monetary compensation for private address accommodation for the duration of three years

6 counting from the day of status recognition. If during the first year upon acquiring the status the person exercises the right to accommodation in an integration house or other housing facilities of the Ministry, the period of eligibility for monetary compensation for accommodation at a private address reduces for the time of accommodation in integration house or other housing facilities of the Ministry. Upon accommodation in an integration house or at private address, persons granted international protection are entitled to a single monetary aid that is determined according to suitable percentage of basic amount of minimum income (currently 265,22 EUR 6 ). For an adult the aid is 100 percent of the amount referred, for each subsequent adult family member 70 percent, for a child under 18 years of age 30 percent and for an unaccompanied minor 100 percent. In the area of health and social care, education and training, persons with international protection are equal to Slovenian citizens; rights deriving from employment are exercised in accordance with legal provisions regulating employment and work of aliens. In case of unemployment, rights are exercised in accordance with legislation regulating employment and insurance against unemployment. All types of facilities that accommodate applicants for international protection, persons with granted international protection or applicants after conclusion of proceedings for international protection are managed and financed by the Ministry of the Interior and within the ministry the Internal Administrative Affairs, Migration and Naturalization Directorate (Asylum Centre and Integration House Maribor and Ljubljana) and the police (Aliens Centre). Non-governmental organizations with the help of resources from European funds (European Refugee Fund, the European Fund for the Integration of third-country nationals, the European Return Fund) and the Ministry of the Interior carry out programs that include housing support and care in the Asylum Centre, programs for vulnerable groups, information and legal advice, assistance in regulating life situations for persons with granted international protection, psychosocial support, educational assistance, education to improve employment opportunities, the implementation of mechanisms to help identify and protect victims of human trafficking or sexual violence, public awareness of refugee issues, programs to promote social inclusion and others. Q1. Types of reception facilities in the Republic of Slovenia. Table 1 Different types of Reception Facilities Type of accommodation Does this type If so, how Specify the Number of of facility exist many of maximum applicants in the RS? these number of accommodated facilities applicants the in such existed at facilities could facilities per the end of accommodate year during 2012? Collective initial/transit No / / / reception centres Collective open reception Yes centres 7 Special reception centres No / / / Open centre means that applicants are free to enter and leave the centre whenever they want, in Slovenia this area is regulated with Rules on the rights of applicants for international protection. 8

7 or facilities for vulnerable groups (e.g. victims of torture or specific vulnerable female applicants) Special separate reception centres for unaccompanied minors Private houses or flats: arranged and paid for by competent authorities Private hotels: arranged and paid for by competent authorities Individually arranged accommodation such as private houses, flats, and/or possibilities of staying with friends and/or family Other premises for the purpose of accommodating applicants for international protection which are arranged and paid for by the competent authorities Aliens Centre No / / / No / / / No / / / Yes, in cases / / 42 provided by the law, including the possibility of receiving financial aid. No / / / Yes Q2. Which authority carries financial responsibility over the reception facilities? (a) State authorities (b) Local authorities / regional governments (c) External service provider such as NGOs, actors from the private sector or any other kind of third party involvement? Q3. Which authorities carry executive responsibility over the facilities: (a) State authorities (b) Local authorities / regional government (c) External service provider such as NGOs, actors from the private sector or any other kind of third party involvement?

8 Section 2 Take up of Reception Facilities: Factors determining access to the different types of facilities Q6. A short overview of which applicants for international protection are entitled to reception facilities provided by the State. Table 2 Categories of applicants entitled to reception facilities Different categories of applicants Entitled to reception facilities depending on type/stage of (Yes/No) procedure Are these applicants entitled to specific reception facilities 9? Applicants under Dublin II Yes. Aliens Centre or Asylum Centre. Yes. Standard accommodation, Applicants in admissibility procedures 10 Asylum Centre. Applicants subject to accelerated procedures Yes. Standard accommodation, Asylum Centre or Aliens Centre (in cases Vulnerable groups of applicants 11 (with specific psychological/medical assistance needs) Unaccompanied minors awaiting decision for international protection Yes. Yes. of restricted movement). Standard accommodation, Asylum Centre. Standard accommodation, Asylum Centre. Unaccompanied minors who have exhausted the procedure for international protection and are awaiting return Applicants who have lodged an appeal procedure Yes. Yes. Aliens Centre. Standard accommodation, Asylum Centre or Aliens Centre (in cases Of restricted movement). 9 Specific reception facilities refer to facilities which divert from mainstream reception facilities, e.g. depending on the type of applicant, or stage/procedure. 10 In Slovenia there is no specific procedure, only part of the procedure during which the existence of exclusion clauses in the application for international protection is being determined Article 5 of International Protection Act. 11 As regulated in the Council Directive 2003/9/EC of January on minimum standards for the reception of asylum seekers: unaccompanied minors, disabled people, elderly people, pregnant women, single parents with minor children, persons who have been subjected to torture, rape, or other se rious forms of psychological, physical, or sexual violence.

9 Applicants who have lodged a subsequent application Applicants who have received a positive decision on their international protection application 12 Applicants who have exhausted the procedure for international protection and who are awaiting return Other (e.g. applicants from other EU Member States, families with children with an irregular migrant status, applicants from safe third countries* of origin etc. Yes. Yes. Yes. Nationals of other Member States under Slovenian law cannot apply for international protection in the RS; irregular migrants are accommodated at the Aliens Centre, along with aliens who are in the process of return. Aliens Centre or Asylum Centre. Standard accommodation Integration House or private accommodation. Aliens Centre. Standard accommodation Aliens Centre. * Slovenia declared only Croatia as a safe third-country, where applicants for international protection could be returned. But Croatia became a member of the EU on July 1st Therefore legal basis for returning to safe country of origin technically exists, but for now the RS does not implement such returns. Q7. From the aforementioned categories of applicants who are entitled to reception, can any be excluded from reception facilities for particular reasons (e.g. because the applicant has sufficient financial means, or because the applicant has misbehaved in a reception facility, or any other reasons)? Applicants for international protection generally cannot be denied the right to accommodation in the Asylum Centre, even in cases of serious violations of house rules; the law does not provide the sanction of exclusion. If the applicant has sufficient financial resources, the competent authority might request reimbursement of expenses for accommodation in the Asylum Centre, but it could not order eviction. Q8. a) Does the State carry out an assessment of vulnerability which could result in assignment to special reception facilities for vulnerable groups of applicants? Special needs and vulnerability are determined by an individual assessment of needs of specific applicant, refugee or person granted subsidiary protection. This also involves NGOs and experts working in the Asylum Centre. Vulnerable people with special needs especially children, unaccompanied minors, disabled people, elderly people, pregnant women, single parents with children and victims of rape, torture or other forms of psychological, physical and sexual violence are guaranteed special attention, care, and treatment, but accommodation in special facilities is not provided; nevertheless an applicant may file an application for displacement outside the Asylum Centre. Otherwise the accommodation division of 12 A person who has been granted international protection needs to leave the Asylum Centre on the day of finality of the decision on granting international protection.

10 the Asylum Centre is organized in manner that takes into account the special needs (accommodation of the disabled) and separate accommodation of single women and unaccompanied minors. Unaccompanied minors granted international protection status are generally not accommodated in integration houses but rather within the institution of private accommodation receive accommodation in boarding schools, where they have arranged all-day care. Legislation does not foresee or provide special accommodation facilities. When accommodating vulnerable people with special needs it is taken into account specific position of these persons and they can be granted adjusted material conditions of reception, medical and psychological counseling and care. In accordance with the Article 83 of the International Protection Act, the competent authority may, in case of exceptional circumstances and after filing an application, dislocate the applicant to other suitable institutions if it is not possible to provide him with appropriate accommodation in the Asylum Centre or its branch facilities. In addition, competent authority may authorize dislocation to a private address to an applicant, when there are there are serious health reasons or other valid reasons identified by the competent authority. The substance of reasons is determined by an interministerial committee appointed by the responsible minister. In case the applicant is accommodated in other appropriate institution, the costs of accommodation and care in the amount of the invoice issued for expenses of institutional care services is covered by the competent authority. To an applicant who is displaced to other suitable institutions or private facilities where free basic care is not granted and does not have his own means of subsistence, financial grant is aided. Due to general austerity measures in 2012 financial aid was reduced by 50% and now amounts only half of the basic amount of minimum wage in the country, currently 132, 61 EUR monthly per person 15. Q8. b) If yes, please indicate whether the assessment of vulnerability is: a) Obligatory and laid down in law, b) Standard practice c) Optional Q9. Which authority carries responsibility for deciding on the allocation of applicants for international protection to different reception facilities? After filing an application, international protection applicants are accommodated in the Asylum Centre except if special procedures are in order or restriction of movement (see Table 2), when the applicant may be accommodated in the Aliens Centre. Following the completed procedure for international protection, in cases of positive decision, persons granted international protection are accommodated in integration house or in a private address, or in the Aliens Centre, if the decision is negative. Therefore the competent authorities are the Internal Administrative Affairs, Migration and Naturalization Directorate (Asylum Centre, integration house) and the police (Aliens Centre). Both operate within the Ministry of the Interior. 15 Entitlement to financial allowance and the amount is defined in the Rules of the rights of applicants for international protection (articles 23 27).

11 Q10. How do these authorities allocate applicants to different types of reception facilities? i) Capacity; In the Asylum Centre there are no difficulties with available capacities, since the average occupancy in recent period has been between 30% and 40%. In case off increased number of applicants, new branches of the Asylum Centre may be established. In such case the Government of the Republic of Slovenia may issue an order that regulates terms and conditions for accommodation and care of applicants. In case of a mass influx of displaced persons from third countries, the competent ministry or humanitarian organizations with competent ministry consent may establish new reception facilities in accordance with the Temporary Protection of Displaced Persons Act. ii) Dispersal Mechanism; The mechanism should be provided in the order adopted by the Government, in cases of increased number of asylum seekers. iii) Types of asylum procedures; Preliminary procedure 16 and Asylum Centre Regular procedure, all instances Asylum Centre places where it is possible to submit an application according to the law Accelerated procedure, all instances Asylum Centre, also possible Aliens Centre, in case of restriction of movement Re-application - Aliens Centre The procedure at the airport or in port Accelerated procedure, Dublin procedure, Return to safe third country or country of origin transit areas in airports or ports Regular procedure Asylum Centre Dublin procedure Aliens Centre or Asylum Centre iv) Stages of asylum procedure; The rate of the procedure does not affect the type of accommodation; only after the completion of the procedure (final or binding decision), the person replaces the accommodation. v) Profile of the asylum applicant; An applicant may, on the basis of special characteristics which must relate to the specific health needs or the needs due to other personal circumstances, apply for dislocation outside the Asylum 16 As a preliminary procedure is meant the process prior to submitting the application (application voting intentions, information, inspection...).

12 Centre (relevant institutions or private address). Otherwise, special accommodation facilities depending on the characteristics of applicants are not available, except in individual accommodation divisions within the Asylum Centre. vi) Duration of the asylum procedure; The duration of the procedure does not affect the accommodation. Other criteria (e.g. family composition)? Do not affect the accommodation. Q11. How is the process for assignment of applicants to different reception facilities laid down in legislation? The right to housing is regulated by the International Protection Act and the implementing Rules on the rights of applicants for international protection 17. The International Protection Act and the Aliens Act, govern cases in which the applicant / alien may be transferred to the Aliens Centre. An applicant has a right to accommodation in the Asylum Centre from filing a complete application, until the enforcement of the decision of the competent authority or at most until the decision becomes final. Prior to this the applicant is accommodated in the reception areas of the Asylum Centre. This on average from 1-3 days, depending on the availability of translators and doctors involved in the process of accepting the application. An applicant is situated in the appropriate section in accordance with the possibilities of the Asylum Centre, with consideration for his social group, principle of family unity and the right to privacy, dignity, and security. To each applicant belongs a bed and associated equipment in the room, shared kitchenette, toilet facilities and hand laundry at the accommodation section. Each of the residential divisions has a room for leisure activities, including free internet access. In exceptional cases, the applicant may spend the night outside the Asylum Centre on the basis of his permit. The permit is issued by the competent authority the first time after a week's stay in the Asylum Centre and for a maximum of seven days. Minor's permit is issued only with the written consent of the parent or legal guardian. Permits may be issued in the following cases: o If the applicant is employed and the employment is exercised outside the place of accommodation; o If the applicant attends an education program, and the institution of education is located outside the place of accommodation; o For the purpose of settling cases in court, which is not in the place of accommodation; o For activities lasting several days; o Out of humanitarian or other personal reasons (wedding, death...). Q12. Provided there is sufficient capacity, does the State offer the applicant a choice for reception facility/location? 17 Rules on the rights of applicants for international protection, Official Gazette of RS, no. 68/2011 and subsequent amendments.

13 No, because currently there is only one such facility. Q13. a) Does the State provide for a possibility to relocate applicants for international protection to different reception facilities after initial assignment to a reception centre? The applicant cannot be transferred to another reception centre, because there is no other, but they can be displaced outside the Asylum Centre, if there are existing legal grounds (see Q.8 a). Section 3 Quality: National Legislation on Material Reception Conditions Q14. According to national legislation in your (Member) State, what are applicants for international protection who are accommodated in reception facilities entitled to in terms of the following reception conditions: a) Food; b) Clothing and footwear; c) Financial aid/allowance. The rights of applicants for international protection during the procedure are regulated by the International Protection Act (Articles 78-88). During proceedings, international protection applicants have the right to basic care in the Asylum Centre (accommodation, food, clothing and footwear, hygiene supplies) that is provided by the Accommodation, Care and Integration Sector of the Ministry of the Interior; and they also have the right to emergency health care, education and work 18, and free legal aid 19. Rights, however, are further specified by law Applicants have access to clothes, shoes and hygiene supplies provided by the Accommodation, Care and Integration Sector. In the Asylum Centre there is also a donor warehouse, where applicants can choose additional clothing and shoes needed. Applicants have the right to three meals; children, as well as vulnerable groups of people, get two additional intermediate meals. Entry of food in the Asylum Centre is prohibited due to sanitary reasons. The menu is adapted to religious, medical or other needs of applicants; a vegetarian diet is also available. The menu is located at the entrance to the dining room and is prepared several languages. The accommodation division of Asylum Centre consists of 4 sections: for single men, families, unaccompanied minors, single women, couples, and people with disabilities. Department for restrictions on movement has not been used since In total, the Asylum Centre can accept The right to work has an applicant after 9 months of the filing of his application, if during that time decision on the application has still not been served and blame for it cannot be attributed to the applicant. 19 Free legal aid at first instance is not guaranteed by law, but is carried out / provided through project. Funds are provided by the European Refugee Fund and the Ministry of the Interior. Legal aid is at second instance carried out by refugee counsellors who are paid by the Ministry of the Interior.

14 people. The administrative section has room for about 30 employees. The facility has a medical clinic, dining room, multipurpose room, a room for religious activities, a gym and rooms for the work of NGOs. Applicants are accommodated in rooms the size of 15 m2, with two or four beds, depending on the category of applicants for international protection (from 3.75 m2 to 7.50 m2 / applicant). Bathroom is shared. Accommodation division units include: rooms, kitchenette, lounge area, laundry room for machine-wash and hand-wash and sanitary facilities; a room for the social worker in some cases even for a NGO representative. Characteristic of accommodation facilities is flexibility, which means that at a sudden large increase of the number of applicants, accommodation capacities can be extended, therefore all the supporting facilities are adjusted to meet this condition. Applicants who are accommodated in the Asylum Centre and do not have their own means of subsistence, are as of 2010 entitled to an allowance. The allowance is paid after one month of their stay in the Asylum Centre; it is paid monthly for the previous month. In year 2012 the allowance was 20 EUR monthly per person, in year 2013 the amount was reduced to 18 EUR due to general austerity measures. Applicants are entitled to allowance until finality of the concluded procedure for granting international protection. Allowance is intended for daily expenditures such as bus tickets, personal needs of the applicant (cigarettes, cosmetics...). Funds for allowance are provided by the Internal Administrative Affairs, Migration and Naturalization Directorate of the Ministry of the Interior. In cases of serious violation of the house rules, the applicant may be withdrawn allowance for a period of one month. Within the Aliens Centre applicants for international protection have equal rights relating to food and supplies, but they cannot wear their own clothes. They also receive allowance. Q15. Please indicate in Table 3 below for each type of reception facility in place in your Table 3 Type of reception facility Available surface applicant square meters per in Asylum Centre 3,75 7,50 m2 per applicant Supervision rate (number of staff per applicant) Each accommodation division has its own social worker, with the exception of the division for accommodation of single men, where there are two social workers employed. The protection is regulated by Possibility of leisure activities? Yes, in the Asylum Centre are held various programs- Slovenian language learning program, education assistance, assistance for vulnerable groups, psychotherapeutic assistance, sporting activities, creative workshops, organized tours,

15 Aliens Centre the selected external security service that provides 24 hour security with at least two security guards. / 58 employees, 41 of them are members of the Uniformed Police; the average number of residents per year is 370. there is also an oratory. Yes, the Aliens Centre enables individual socializing within divisions, indoor or outdoor sports activities, there is an oratory and internet room plus various workshops are being organized. Q16. Has your (Member) State developed guidelines or a handbook in relation to the reception offered to applicants for international protection? No, however standard practice is in place. Q17. What control mechanisms are in place to ensure that reception conditions are provided according to the standards specified in national legislation or other protocols/regulations? Control mechanisms are as follows: - Internal management control of the Internal Administrative Affairs, Migration and Naturalization Directorate and Accommodation, Care and Integration Sector over the implementation of the tasks associated with housing; - Inspection Service (control over use of funds, sanitary conditions, nutrition, fire safety...); - NGOs that daily carry out project activities in the Asylum Centre and directly or indirectly monitor accommodation conditions. Potential problems in this regard are resolved through regular coordination meetings between the leadership of the Accommodation, Care and Integration Sector, Status Related Matters Sector and NGOs; - UNHCR and its implementation partners in the country regularly monitor the quality of living conditions and services provided in reception facilities. Monitoring the quality of life is a part of strategy to ensure equal rights (Age, Gender and Diversity Mainstreaming- AGDM). The implementation of this strategy includes the assessment of health conditions, the quality of the offered food, possibilities for sport and recreation, access to work and education, language learning, performing religious practices, applicants satisfaction with accommodation and asylum procedures. The assessment is carried out annually along with representatives of the competent ministry and the Ombudsman. National Preventive Mechanism (NPM) One a year an unannounced visit pay representatives of the NPM, who in accordance with the Act ratifying the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment operates

16 under the auspices of the Ombudsman. The NPM visits persons who have been deprived of their liberty and places where the persons are or might be staying. The NPM monitors living conditions, hygiene, job opportunities, activities, education, contacts, quality of appeal procedures, institution staff trainings, and other factors that may affect respect of the rights of persons who they are placed in controlled institutions. The NPM draws a report of each visit on their conclusions and makes recommendations to visited institutions for elimination of indentified irregularities and proposals for improving the situation. The summary of each report and responses to it the Ombudsman publishes on their websites. Q18. Has there been a public debate about the quality of reception facilities in your Member State in the period from 2008 onwards - to date? Major debates on the quality of the accommodation of asylum seekers in the Republic of Slovenia have not been raised. Q19. Does primary research exist in your Member State, evaluating the quality of reception facilities? So far, such study has not been carried out.

17 Section 4 Flexibility Q20: Table 4: National Statistics on Flexibility Asylum Centre in Ljubljana Total number of applicants entitled to reception Total number of applicants accommodated in reception facilities (29) accommodation days 73,6 per day 164 (38) ,4 per day 219 (27) ,3 per day 335 (23) ,7 per day 221 (47) ,6 per day Maximum number of applicants that could be accommodated in reception facilities Average occupation rate in reception facilities Total number of applicants entitled to reception ,3 % 32,2 % 28,2 % 43,2 % 48,1 % / / / / / Q 21. Please describe any pressure that your (Member) State may have experienced in relation to the reception of applicants for international protection during the period and briefly explain possible reasons for such pressure. 20 The difference-in brackets - constitute applicants who have been accommodated in institutions and private addresses.

18 In Slovenia during period, relatively few deviations have occurred in reference to fluctuation in number of applicants and levels of demand for their accommodation. Annual number of applicants varies from 202 to 358, and the average rate of the Asylum Centre occupancy is approximately 37,6% 21. Within each year there is usually increased demand at the beginning of the calendar year and at the end of summer, but the number of applicants never increases to the point that it could cause problems with accommodation. Q 22. Which flexibility mechanisms are foreseen and/or have been used in case there are shortages or surpluses in reception facilities? Until now there were no adaptation needs; but the Asylum Centre in Ljubljana has envisaged the possibility of establishing additional accommodation capacities inside the existing facilities, which could in short-term meet the needs of increased demands, but otherwise the law also provides the possibility to establish branches of Asylum Centre and to regulate manners and conditions of accommodation and care of applicants. Situation in the field of migration and thus potential for the arrival of a larger number of applicants is monitored by the police that prepares half-yearly risk analysis; In case of foreseen increase in number of applicants, the Internal Administrative Affairs, Migration and Naturalization Directorate could plan the increase of accommodation capacities in accordance with this analysis; and in case of significant increase of applicants that would exceed available, even extended capacities of the Ministry of the Interior, the Government of the Republic of Slovenia could issue an order following the initiative of the Ministry of the Interior that would regulate manners and conditions of accommodation and care of applicants Table 5 Flexibility Mechanisms Type of mechanism Does this exist in Slovenia? (Yes/No) If yes, please describe Has this mechanism been used? (Yes/No) If yes, please describe Early warning mechanism (including any software programmes monitoring capacity and occupancy in reception facilities) Yes. In the Asylum Centre the list of accommodated applicants is being daily updated in order to monitor occupancy. Monitoring the state in the region. Cooperation with the police regarding analyzing risks of arrival of increased number of asylum seekers, border control, monitoring and acting on detected channels for people smuggling. Software for monitoring the occupancy of / 21 Assessment is approximate, made by the author of the study, who has been providing legal assistance in the Asylum Centre throughout the entire reference period.

19 accommodation capacities of the Asylum Centre. Additional reception centres acting as buffer capacity Yes. Use of the State's accommodation facilities. No. Emergency plans Yes. Activation of the Temporary Protection of Displaced Persons Act. It is used due to mass influx of displaced persons from third countries, especially when there is a risk that asylum system will not be able to handle properly the increased number of applications for international protection. The Republic of Slovenia offers temporary protection in accordance with conditions and proceedings regulated in this act. No. Budget flexibility (to inor decrease the budget when necessary) Yes. When drawing up the annual budget of the Ministry of the Interior, Internal Administrative Affairs, Migration and Naturalization Directorate foresees additional 10% of No.

20 funds that are used during potential increased demand for housing. Employing more caseworkers to speed up decision-making Yes. When drawing up the annual budget of the Ministry of the Interior, Internal Administrative Affairs, Migration and Naturalization Directorate foresees additional 10% of funds that are used during potential increased demand for housing. Yes. Fast-tracking procedures 22 No. / / Application of different standards/modalities of reception conditions in emergency situations 23 Yes. In case of an emergency, the establishment of branch facilities of Asylum Centre is provided, where the terms and conditions of accommodation are laid down by the order of the No. 22 Slovenian legislation only knows the so-called accelerated procedure, when the competent authority may decide on the application in an accelerated procedure if the actual state can be fully established on the basis of given facts and circumstances. The process is not specifically designed for situations of increased number of asylum seekers, but it is used as part of normal handling / deciding on applications, naturally if there is compliance with the conditions. 23 Council Directive 2003/9/EC of January on minimum standards for the reception of asylum seekers exceptionally allows State Members, for a reasonable period which must be as short as possible, to establish alternative modalities of material reception conditions, as provided for in this Article if: - an initial assessment of applicant's specific needs is required, - material reception conditions, as laid down in this Article, are not available in a certain geographical area, - housing capacities normally available are temporarily exhausted, - asylum seeker is in detention or confined at the border inspection. These different conditions should in any case meet the basic needs.

21 Government. Activation of the Temporary Protection of Displaced Persons Act. Provision of financial vouchers/allowance to cover costs of private accommodation Review for specific categories of applicants who obtain priority access to reception The use of excess space for other purposes No. / / No. / / No. / / Other No. / / Q 23. Please indicate best practices in handling (disproportionate) pressure as well as ability to adjust to fluctuating numbers of applications over time. Where possible, please refer to the use (and effectiveness) of any of the aforementioned flexibility mechanisms. During the period Slovenia has not been experiencing situations of increased influx, therefore no flexibility mechanism were put in place. Section 5 Efficiency Q24. Please fill in the national statistics Table 6 below (please provide figures or, if not possible, estimates thereof): Table 6 National Statistics on Efficiency National budget allocated to the reception of applicants for

22 international protection 24 Total costs of reception( direct, indirect and Dublin) Total direct costs of accommodation Total indirect costs (programmes financed out of ERF funds) 26 Total costs of reception including Dublin cases Total costs of reception excluding Dublin cases Inflow of new applicants to reception facilities Inflow/return of applicants who have temporarily left a reception facility Outflow of applicants from reception facilities, who do not return later Share of applicants in reception facilities who have received a final decision on their application Median range of an applicant s stay Q25. Are cost (estimations) available for the flexibility mechanisms used in your Member State No, such estimations are not available, because they are not anticipated. In order to adapt to potential special circumstances, there is the additional 10% in the budget for accommodating applicants for international protection. Q26.What is the tolerance time for extended stay of applicants in reception facilities who have already received a final decision on their application? Person who has been granted international protection has to leave the Asylum Centre upon the date 24 Costs of applicant care consist of costs related to accommodation, cost of food, clothes and footwear and hygienic supplies. Costs related to accommodation are heating costs, electricity costs and utility services (which refers to accommodation part of the Asylum Centre). 25 Direct costs refer to costs of supply and accommodation. 26 Indirect costs refer to costs associated with the provision of accommodation that are not monitored directly (for instance, the cost of supporting software).

23 the decision on granting international protection becomes final and relocate to a private facility or to one of the integration houses. In case of a negative decision, alien normally gets accommodated in the Aliens Centre, at the day the decision is issued, where he awaits return, or in cases of legal entry (biometric passport), the police sets a deadline for voluntary return. In practice, variances of a few days are possible. Conclusion Q27. Please summarise the organisation of reception facilities in your (Member) State, indicating main strengths and weaknesses (please specify any evidence for these findings) When designing and constructing the reception centre Asylum Centre in Ljubljana into consideration were taken potential increased demand for accommodation, so the Asylum Centre is built in a way that allows capacity increase within the existing building. In such cases, it would be more of a temporary solution, which would of course meet only a smaller increase of applicant influx. In cases of a higher demand, the competent ministry or the Government of the Republic of Slovenia may establish branch facilities of the Asylum Centre, so the applicants could be evenly distributed across the country; and the authorities shall determine methods, number, criteria and conditions for establishing the branches, bearing in mind possibilities for their establishment in individual local communities. In the event of a mass influx, especially when there is a risk that the asylum system will not be able to adequately address the increased number of applications for international protection, Temporary Protection of Displaced Persons Act may be used, which anticipates establishment of reception facilities. Within the existing facility the accommodation division is divided to sections according to the (family) status of the applicant and his vulnerability (separate accommodation for unaccompanied minors and adapted housing for people with disabilities). In Slovenia, there are no special accommodation facilities for vulnerable persons and groups but there is the possibility of relocating to another institution or to a private address, if the legal requirements are met (health and other specific personal circumstances approved by the competent commission). Vulnerable persons with disabilities shall be provided special consideration, care and treatment. Specific needs and vulnerabilities are identified on the basis of an individual assessment of a particular applicant, a refugee or a person who has been granted subsidiary protection. When accommodating vulnerable people with special needs, applicants, refugees or people granted subsidiary protection, their specific situation is taken into account and material conditions of the reception, medical and psychological counseling and care can be adjusted. Department of restrictions on movement within the Asylum Centre has not been in use since 2008 (and was renamed to the department for various activities), therefore, applicants who have been issued a decision restricting their movement and applicants who have received a negative decision on the application, are transferred to the Aliens Centre in Postojna. Given that it is a facility under the supervision of the police, where people have no right to freedom of movement, the manner of guaranteeing the rights and mending special needs for accommodated applicants is of course different. Capacities in this center are sufficient and there are no problems with overcrowding. During the period, number of incoming applicants had minimal deviations (between 36, 3 in 48, 1 % of average annual occupancy of the Asylum Centre), thus there has been no need for