Dublin II info country sheets

Transcription

1 Jesuit Refugee Service-Europe Rue du Progrès, Brussels - Belgium Tel: Fax: europe@jrs.net Website: Dublin II info country sheets Country: SLOVENIA Notice: This information sheet is meant to give information only about what an asylum seeker can expect if they will be transferred to Slovenia under the Dublin Regulation. It is not meant to provide information about the Dublin Regulation in general and the way it is implemented in Slovenia. It is also not meant to provide information on how to challenge a Dublin transfer to Slovenia. In order to avoid a transfer to Slovenia, it may be recommended that the asylum seeker or his/her lawyer contact the Dublin Department in Slovenia, whose coordinates are provided in this sheet. In doing so the asylum seeker can forward information that may persuade the department to refuse the take back request received from the member state that wants to initiate the transfer. 1. Data on the State Department responsible for Dublin requests (ingoing and outgoing) Name of department: International Protection Division (that is under Migration and integration directorate) Postal address: Cesta v Gorice 15, 1000 Ljubljana Persons in charge: 1. Name: Franci Kumer Language(s): eng, slo Phone: franci.kumer@gov.si 2. Name: Irena Tiselj Language(s): eng, slo Phone: irena.tiselj@gov.si The number is the number of Asylum home and if someone calls to this number they should ask for Franci or Irena. It is also the number we use for getting the persons

2 in charge. Security service answers and gives the right person. The people in charge speak English. 2. Will the asylum seeker be handed over to any kind of public authority (police, immigration officer )? By air, sea or land, the asylum seeker will be handed over to the police or to the International Protection Division. The proceedings stay the same, irrespective of the manner in which the asylum seeker arrived to Slovenia from another member state. The procedure is the same for all these cases. (Information from the International Protection Division ) However, the International Protection Law, states that (article 58): If an alien expresses his intent to submit an application when being in the transit zone at the airport or on board of a ship anchored in the port or harbour, the application shall be taken by the responsible authority, which shall decide upon it in the shortest time possible. Until a final decision in an accelerated procedure is issued or until a decision in the context of the Dublin procedure, ( ), the person shall remain in the area mentioned. In case there is nobody waiting for the asylum seeker : The asylum seeker can go to the asylum home directly. In the asylum home, there is also a reception centre: Address: Cesta v Gorice 15, 1000 Ljubljana. Fax: Or the asylum seeker can go to a police station, there is one in every small town. Police are also available in public. Website: stations in Slovenia, along with addresses). (all the police There is also a number someone could call, if possible from any phone: 113 POLICE. 3. Must the transferred asylum seeker be in possession of any kind of document given by the sending Member State? And must he register anywhere? No.

3 4. Must the asylum seeker apply anew for asylum? If so, how and where? YES. If there is already a final decision on the former procedure for granting international protection (in the Slovenian legislation the term «international protection» is used instead of «refugee status» or «subsidiary protection»), so if the former procedure for granting international protection is closed, the person must again explicitly apply for international protection. The application must be introduced where he is located, which means that the person can express his intention at the nearest police office, in the detention centre or at the reception centre. The request will then be transferred to the authorities for granting international protection. If the procedure has not been closed, the applicant for international protection will be lodged in an asylum home and the process will continue. 5. Is there any risk that the transferred asylum seeker will be detained? Yes. - If so, at what stage and in which circumstances can an asylum seeker be detained in Slovenia? If the procedure for granting international protection was closed and a negative decision was the outcome. If the person left the reception centre arbitrarily. (Article 51 of the International protection law (Slovenian law)) The applicant s movement may be temporarily limited on grounds of (Article 51): - Establishing the identity of the applicant - Suspicion of abuse of the procedure (In practise, if one of the reasons mentioned in Article 55 exists, with the exception of sub-paragraphs 1-3. ) - Causing a threat to other person' life or property Any person who is staying illegally on the Slovenian territory risks to be detained. If a detainee applies for international protection from the detention centre, he will usually be transferred to a reception centre. - For which reasons? For suspected abuse of the procedure.

4 - How can a detention order be challenged? With appeal to the decision of the restriction of free movement at the administrative court within three days after the decision was taken. The administrative court shall answer within three working days. 6. Does a transferred asylum seeker have the right to receive accommodation? If so, how can he enforce this right? How can he get access to reception facilities? Accommodation is automatic for all Dublin cases. They have access to reception facilities. If the procedure has not been closed, the applicant for international protection is kept in the reception centre and the process continues. If the procedure is closed, the applicant for international protection is kept in the detention centre, where he can submit a new application. The detainee may then be transferred to a reception centre. In cases in which transferees are detained, they are at first put in detention and then, if it is possible, they can apply for asylum one more time. Data on State Department in charge of reception of asylum seekers: Name of department: ASYLUM CENTRE ( under Migration and integration directorate) Postal address: Cesta v Gorice 15, 1000 Ljubljana Fax: Reception facilities for asylum seekers transferred from another EU member state: 1. Name of reception centre: DETENTION CENTRE Postal address: Veliki otok 44z, 6230 Postojna Phone: Fax: ct.uup@policija.si Website: 7. Are there any specific reception conditions foreseen for vulnerable asylum seekers?

5 Minors are housed in a separate section for juveniles, given the special treatment of care provided to them. Other vulnerable asylum seekers are housed in an asylum home like the others. They are given additional medical help and psycho-social counselling, if necessary. There is no difference in housing. 8. Brief outline of asylum procedure in the receiving country, and possibility for appeals. - treated at the police station - application for international protection - decision - Constitutional Court Case (Administrative Court) - appeal - Supreme Court Case - constitutional complaint - Final Decision of the Constitutional Court The applicant may, upon arrival to the Republic of Slovenia, express his intention to apply for international protection at any state body or body of local community which then notifies the responsible authority. Usually, it is the police office where his identity will be established, along with the route he took to arrive to Slovenia. Also, a personal statement will be taken on the grounds for international protection. After that, the police fills out the registry form. Then, the person is transferred to a reception centre, where he applies for international protection. The asylum authority decides on this application/request and gives a decision. In case of a disagreement with the decision, the applicant may initiate an administrative dispute at the Administrative Court within 15 days after the decision was issued (within 3 days if the decision was taken in the accelerated procedure). The administrative court shall decide on the appeal against a decision taken in a regular procedure within 30 days (within 7 days if the decision was taken in the accelerated procedure). It is possible to appeal the decision of the Administrative Court at the Supreme Court. The Supreme Court shall decide on the appeal within 15 days upon its submission. In case of a violation of human rights and fundamental freedoms, the applicant may introduce a constitutional complaint at the Constitutional Court within 15 days from the moment an individual act happened. These are two separate procedures. Website where additional info on asylum procedure may be found:

6 In general all the information about Asylum procedures and Migration are on web site: _ slovenia-lawoninternationalprotection.pdf+slovenia+application+for+international+protection&cd=3&hl=nl&ct= clnk&gl=be&client=firefox-a oads%2fdownload.do%3bjsessionid%3d956005c76f3eca51c168636a1d0e9bc6%3ffileid %3D904+slovenia+application+for+international+protection&hl=nl&gl=be&sig=AHIEtbQXUwC1Y 3myyR8l5Jx9pHhmCy_e0g&pli=1

7 Contacts and addresses 1. State Departments 1.1. In charge of the Dublin Request (ingoing and outgoing) Name of department: International Protection Division (that is under Migration and integration directorate): See above! Postal address: Cesta v Gorice 15, 1000 Ljubljana Persons in charge: 1. Name: Franci Kumer Language(s): eng, slo Phone: franci.kumer@gov.si 2. Name: Irena Tiselj Language(s): eng, slo Phone: irena.tiselj@gov.si 1.2 In charge of the reception of asylum seekers: Name of department: ASYLUM CENTRE ( under Migration and integration directorate) Postal address: Cesta v Gorice 15, 1000 Ljubljana 2. NGO able to give reliable information on reception conditions for asylum seekers and asylum procedure 1. PRAVNO INFORMACIJSKI CENTER - PIC Postal address: Metelkova 6, 1000 Ljubljana Phone: pic@pic.si Website: Person in charge: Katarina Bervar Sternad (Slovene, Croatian, Serbian,English, Spanish ) 2. SLOVENSKA FILANTROPIJA (only cases for minors) Postal address: Poljanska 12, 1000 Ljubljana Phone:

8 Fax: info@filantropija.org Website: Person in charge: Aida Hadžiahmetovic (Slovene, Croatian, Serbian, English, Italian, French) and Marina Uzelac (Slovene, Croatian, Serbian, English) 3. JESUIT REFUGEE SERVICE SLOVENIA (Jezuitsko združenje za begunce Slovenije) Postal address: Ulica Janeza Pavla II 13, 1000 Ljubljana Phone: Fax: begunci.info@gmail.com Website: Person(s) in charge + spoken language(s): Rebeka Balažic Tonkli (Slovene, Croatian, Serbian, English) Disclaimer The organisation that gathered the data contained within this information sheet has taken all reasonable measures to ensure that the material provided is correct, reliable and accurate to the most extent possible. However, the Jesuit Refugee Service-Europe and the organisation that gathered the data for this information sheet does not accept responsibility for the correctness, reliability, accuracy and completeness of the data contained within this information sheet. The Jesuit Refugee Service-Europe and the organisation that gathered the data for this information sheet hereby disclaim all liability for any negative consequence or damage whatsoever and howsoever incurred in reliance upon the information provided. Users that find errors within this information sheet, or discrepancies between the information provided and its implementation in practice, are kindly requested to contact both the organisation that gathered the data for this information sheet, and the Jesuit Refugee Service-Europe (europe.advocacy@jrs.net). All feedback will be assessed for correctness, reliability and accuracy. The data within this information sheet will be updated at least once every year, or more frequently in accordance with received feedback. September 2011 Information gathered by: Organisation: JRS-Slovenia with the help of Anja Gašperlin (Legal informational centre) Contact person: Robin Schweiger and Rebeka Balažić Tonkli Postal address: Ulica Janeza Pavla II Ljubljana begunci.info@gmail.com Phone: Fax: Website: