Asylum and international protection in Slovenia

A foreigner or stateless person can apply for international protection if they believe they are systematically persecuted in their country of origin because of political opinion, religion, race, nationality or ethnic origin, or that return would threaten their life or freedom or expose them to torture or inhuman or degrading treatment. Refugee status is granted for persecution on these grounds or membership of a particular social group. Subsidiary protection is granted where there is a real risk of serious harm, such as the death penalty, torture or indiscriminate violence in an armed conflict.

As soon as possible after entering Slovenia, the person expresses the intention to apply before any state body or local authority. The police establish identity and the route of entry, take fingerprints and photographs and check documents, then transfer the person to the Asylum Home, where the formal application is lodged in the presence of an interpreter after information on the procedure is given in a language the person understands.

The Ministry of the Interior examines the claim. The personal interview is the key step, where the applicant explains the reasons for leaving and submits all available evidence. A written decision is issued at the end. Failing to attend the application or interview without a justified excuse means the claim is treated as withdrawn and the procedure is stopped. Voluntary return is possible at any time.

Under the Asylum and Migration Management Regulation (AMMR), part of the EU Pact on Migration and Asylum, EU+ states use common rules to decide which single state examines a claim; the applicant cannot choose. Family members living in, or with a procedure in, another EU+ state are considered first, then visas, residence permits, studies and the way of entry. A special interview may be held, and if another state is responsible a transfer decision is issued, which can be appealed with free legal aid and an interpreter.

Fingerprints and photographs are stored in Eurodac, normally for 10 years. Applicants must stay in the state where they applied; leaving for another EU+ state can harm the procedure and reduce reception support.

Applicants are accommodated in the Asylum Home in Ljubljana (Vič) and its branch in Logatec; unaccompanied minors are housed in a separate facility in Postojna. Reception includes accommodation, food, clothing, hygiene items and pocket money of EUR 18 a month. Overnight stays outside need a permit for up to seven days at a time and 60 days a year in total. Applicants have basic and emergency health care and a medical check, and children have the right to school.

A free interpreter and free legal advice or legal aid are guaranteed, and vulnerable people receive extra support. Three months after lodging the application, if no decision has been served and the delay is not the applicant’s fault, the applicant gains free access to the labour market; vocational training courses are also available.

A negative decision can be challenged, with the right to legal aid. Restrictions of movement, detention and decisions on reception rights can also be challenged; an objection against a decision on pocket money or leaving the municipality must be lodged within three days. A decision granting refugee status counts as a permanent residence permit from the day it is served; subsidiary protection counts as a temporary residence permit for its duration.

For emergencies call 112, and the police on 113. Legal help is offered by PIC, the Legal Centre for the Protection of Human Rights and the Environment (+386 1 521 18 88). UNHCR, Slovenska filantropija, IOM Slovenia and Društvo Ključ also provide information and support, and applicants can contact UNHCR at any stage.