Centar za zaštitu i pomoć tražiocima azila / Asylum Protection Center

LAW ON ASYLUM

I GENERAL PROVISIONS

The subject matter of the Law

Article 1

This Law shall prescribe the principles, conditions and procedure for the granting and cessation of asylum, as well as the status, rights and obligations of asylum seekers and persons granted the right to asylum in the Republic of Serbia.


Definitions of terms

Article 2

The basic terms used in the text of this Law shall mean the following:

asylum shall be understood to mean the right to residence and protection accorded to an alien to whom, on the basis of a decision of the competent authority deciding on his/her application for asylum in the Republic of Serbia, refuge or another form of protection provided for by this Law was granted;

the asylum procedure shall be understood to mean a procedure, governed by this Law, for the acquisition and cessation of the right to asylum and other rights of asylum seekers;

an alien shall be understood to mean any person who is not a citizen of the Republic of Serbia, irrespective of whether he/she is a foreign national or a stateless person;

a country of origin shall be understood to mean the country of citizenship of an alien or the country where a stateless person had habitual residence, and if an alien has more than one citizenship, a country of origin shall be understood as each country where the alien has citizenship.

an asylum seeker shall be understood to mean an alien who has filed an application for asylum on the territory of the Republic of Serbia, on whose application a final decision has not been taken;

a refugee shall be understood to mean a person who, on account of well-founded fear of persecution for reasons of race, sex, language, religion, nationality, membership of a particular social group or political opinions, is not in the country of his/her origin, and is unable or unwilling, owing to such fear, to avail him/herself of the protection of that country, as well as a stateless person who is outside the country of his/her previous habitual residence, and who is unable or unwilling, owing to such fear, to return to that country;

refuge shall be understood to mean the right to residence and protection granted to an refugee who is on the territory of the Republic of Serbia, with respect to whom the competent authority has determined that his/her fear of persecution is well-founded;

subsidiary protection shall be understood to mean a form of protection the Republic of Serbia grants to an alien who would be subjected, if returned to the country of origin, to torture, inhumane or degrading treatment, or where his/her life, safety or freedom would be threatened by generalized violence caused by external aggression or internal armed conflicts or massive violation of human rights;

UNHCR shall be understood to mean the Office of the United Nations High Commissioner for Refugees;

a safe country of origin shall be understood to mean a country from a list established by the Government whose national an asylum seeker is, and if the person concerned is stateless, a country where that person had previous habitual residence, which has ratified and applies international treaties on human rights and fundamental freedoms, where there is no danger of persecution for any reason which constitutes grounds for the recognition of the right to refuge or for granting subsidiary protection, whose citizens do not leave their country for those reasons, and which allows international bodies to monitor the observance of human rights;

a safe third country shall be understood to mean a country from a list established by the Government, which observes international principles pertaining to the protection of refugees contained in the 1951 Convention on the Status of Refugees and the 1967 Protocol on the Status of Refugees (hereinafter referred to as: the Geneva Convention and the Protocol), where an asylum seeker had resided, or through which he/she had passed, immediately before he/she arrived on the territory of the Republic of Serbia and where he/she had an opportunity to submit an asylum application, where he/she would not be subjected to persecution, torture, inhumane or degrading treatment, or sent back to a country where his/her life, safety or freedom would be threatened;

a family member shall be understood to mean a minor child, adopted child or step-child, who is not married, a spouse, provided that the marriage was contracted before the arrival in the Republic of Serbia, as well as a parent or an adoptive parent legally obliged to support him/her.

The status of a family member may also be granted to other persons in exceptional circumstances, particularly taking into account the fact that they were supported by the person who has been granted refuge or subsidiary protection;

an unaccompanied minor shall be understood to mean an alien under 18 years of age who was unaccompanied by parents or guardians on his/her arrival in the Republic of Serbia, or who became unaccompanied by parents or guardians after arriving in the Republic of Serbia.


The application of this Law in the asylum procedure

Article 3

The provisions of this Law shall apply to the basic principles and conditions for the acquisition of the right to asylum and the reasons for its cessation, to the fundamental rights and obligations of asylum seekers, refugees and persons granted another form of protection envisaged by this Law, and also to the asylum procedure.

The regulations governing general administrative proceedings shall apply to the issues related to the asylum procedure that are not regulated by this Law.

The regulations governing the movement and residence of aliens shall apply to the issues related to the scope, content and type of the rights and obligations of asylum seekers, persons granted refuge, subsidiary protection or temporary protection not regulated by this Law.

This Law shall not apply to refugees who were granted that status under the Law on Refugees (The Official Gazette of the Republic of Serbia, nos. 18/92 and 45/2002).


The right to filing an application for asylum

Article 4

An alien who is on the territory of the Republic of Serbia shall have the right to file an application for being granted asylum in the Republic of Serbia.

If the alien referred to in paragraph 1 of this Article is not eligible for being granted the right to refuge, the competent authorities shall consider ex officio whether there exist conditions for granting subsidiary protection.


Cooperation with UNHCR

Article 5

The competent authorities shall cooperate with UNHCR in the conduct of its activities, in conformity with its mandate.