Asylum and international protection in Montenegro

The law provides asylum for people with a well-founded fear of persecution under the Refugee Convention and subsidiary protection for people who would face serious harm, such as the death penalty, torture or indiscriminate violence in armed conflict, if returned. Temporary protection can be granted separately in a mass influx of people who cannot return home. Nobody may be returned to a country where their life or freedom would be at risk.

You can state the intention to apply for international protection orally or in writing during border checks, or, if already in Montenegro, at the nearest police unit or at the Reception Centre for foreigners seeking international protection. The police or centre staff record your identity, travel route and personal circumstances and take fingerprints.

The formal application must then be lodged with the Ministry of Internal Affairs as soon as possible and no later than 15 days after the statement of intention, on the prescribed form or orally on record. Within three days of the application the Ministry issues a residence document for asylum seekers, valid until the final decision; it is not an identity document. A person who entered irregularly directly from a place of persecution is not punished for illegal entry if they state the intention without delay and explain the reasons.

The Ministry interviews the applicant and decides within six months of the application. The deadline can be extended by up to nine months if the case is factually or legally complex or many people apply at once, and in exceptional situations the decision must be taken within 21 months at most. In an expedited procedure, used for example for clearly unfounded or inconsistent claims, the decision is due within two months. Applications lodged at the border or in an airport transit area by people who do not meet entry conditions can be handled in a border procedure.

A subsequent application can be lodged within two years of a final negative decision if it contains new facts or evidence; the Ministry decides on its admissibility within 15 days.

A person granted asylum or subsidiary protection receives a right of residence, may work without a permit and can apply for permanent residence after five years. The right of residence is revoked if the person moves abroad or lives in another country for more than six months without informing the Ministry. After a final rejection the person is considered to be staying illegally and return measures follow, with priority given to voluntary return.

Applicants have the right to stay in Montenegro until a negative decision becomes final and may choose where to live, notifying the Ministry of the address within three days. Those without means are accommodated at the Reception Centre, which provides food, clothing, basic hygiene products, a medical examination and reimbursement of public transport costs. Health care covers emergency treatment and necessary treatment of illness and serious mental disorders.

Children have access to primary and secondary school under the same conditions as Montenegrin pupils, within three months of the application, with Montenegrin language support. Applicants may work without a permit if no decision has been taken nine months after the application. Free legal assistance is available for the court case if the applicant lacks means and the complaint is not manifestly unfounded; the lawyer is appointed from the Bar Association's list.

Decisions rejecting an application on the merits, rejecting it as inadmissible or terminating the procedure can be challenged by an administrative dispute before the Administrative Court within 15 days of receipt. In the border procedure the deadline is five days and the court handles the case urgently. Decisions restricting freedom of movement can be challenged within three days, and a refusal of free legal aid within eight days.