Date of entry into force: 1980

RIGHT TO ASYLUM

Article 44

A foreigner who is persecuted for supporting democratic views and movements, social and national liberation, human rights and freedom or freedom for scientific and artistic creativity will be recognized the right to asylum in the Socialist Federal Republic of Yugoslavia.

Article 45

Recognition or withdrawal of the right to asylum is decided upon by an official of the Ministry of Interior Affairs.

A foreigner who has been recognized the right to asylum also achieves the right for permanent residence in the Socialist Federal Republic of Yugoslavia.

Article 46

A foreigner who has been recognized the right to asylum is provided with accommodation, subsistence allowance and health care.

Funds for accommodation, subsistence allowance and health care of foreigners who have been recognized the right to asylum are provided from the federation budget.

By accommodation, from para 1 of this Article, it is meant that proper housing should be provided or financial assistance given for providing living premises.

Accommodation, subsistence allowance and health care of foreigners who have been recognized the right to asylum is taken care of by the Ministry of Health and Social Welfare.

Article 47

The amount of financial means required for accommodation and supporting of foreigners who have been recognized the right to asylum, as well as the health care, its standards and conditions for achieving that kind of care is decided upon by the Federal Executive Council for each individual case and at the proposal of the Ministry of Interior Affairs and the Ministry of Health and Social Welfare.

Article 48

The right to asylum can be withdrawn from a foreigner who acts against the order established by the SFRY Constitution or against international interests of the Socialist Federal Republic of Yugoslavia.

The decision on the withdrawal of the right to asylum contains the date on which a foreigner must leave the territory of the Socialist Federal Republic of Yugoslavia. That period cannot be less than 30 days or more than 6 months.

Article 49

A foreigner can launch an appeal to the Federal Executive Council against the negative decision for recognizing the right to asylum or against the decision for the withdrawal of the right to asylum.

Against the decision to the appeal in paragraph 1 of this Article, there cannot be an administrative dispute.

REFUGEES

Article 50

A foreigner who left his country of origin or country of his permanent residence as well as a stateless person, in order to avoid persecution for his advanced political aspirations or national, racial or religious affiliation can be recognized the refugee status in the Socialist Federal Republic of Yugoslavia.

Article 51

Refugee status will not be recognized to a foreigner for whom there are justified suspicions of having committed criminal acts against humanitarian and international law or that he acted contrary to the aims and principles of the United Nations Organization.

A foreigner's request for the recognition of refugee status can be rejected for reasons of protection of public order or for reasons of protection of interests of country's defence.

If the reasons in paragraphs 1 and 2 of this Article existed before the recognition of refugee status and the competent authority discovered it only later or if they appeared only after the recognition of refugee status, the refugee status will be withdrawn.

The general acceptance, accommodation and subsistence allowance for foreigners who have been recognized the refugee status is taken care of by the Ministry of Interior Affairs.

Article 52

Foreigner's children who have been recognized the refugee status enjoy all the rights as their parents who have been recognized the refugee status. Once they reach the age of 18, persons from paragraph 1 of this Article are treated like all other foreigners with a temporary residence in the Socialist Federal Republic of Yugoslavia.

Article 53

Recognition or withdrawal of refugee status is decided upon by an official of the Ministry of Interior Affairs.

A foreigner can launch an appeal to the Federal Executive Council against the negative decision for recognizing the refugee status or against the decision for the withdrawal of refugee status.

Article 54

A foreigner with a recognized refugee status is deprived of this status if: (1)he seeks protection from the country of his nationality or in the country where he permanently resided as a stateless person; (2)he can return to the country of his nationality or in the country where he permanently resided as a stateless person, when reasons for fleeing the country have ceased; (3)he voluntarily returns to the country he fled from; (4)he acquires citizenship of another country.

Article 55

A foreigner with a recognized refugee status is provided with accommodation, subsistence allowance and health care until his departure to a third country or until self-sufficient, for the period not longer than two years from the day of submitting an application for recognition of refugee status.Limited period of time does not pertain to a person who is incapable of earning money and is unable to support himself independently.

By accommodation and subsistence allowance from paragraph 1 of this Article it is meant that sufficient finance assistance should be provided for housing and supporting a foreigner with the recognized refugee status as well as his family members. The amount of financial means is determined in accordance with the number and age of members of his family who are not citizens of the SFRY, property state, capabilities for earning money and whether or not the foreigner who has a recognized refugee status is attending some skilled training.

Exempted from regulation in paragraph 2 of this Article, regarding accommodation and subsistence allowance, are reimbursements of expenditures to organizations which accommodate foreigners with recognized refugee status if such accommodation is necessary due to their old age and incapability for working or earning money.

Financial means for subsistence and accommodation of foreigners with the recognized refugee status as well as reimbursement of expenditures as per paragraph 3 of this Article are provided from the federation budget.

Article 56

The amount of financial means required for supporting and providing accommodation of foreigners with the recognized refugee status, as well as the degree of health protection, its standards and conditions for achieving that kind of care is decided upon by the Federal Executive Council.

Against the decision to the appeal in paragraph 2 of this Article there cannot be an administrative dispute.

Article 57

In order to accommodate foreigners with the recognized refugee status, refugee centers may be organized.

Refugee Centres from paragraph 1 of this Article are organized and cared for by the Ministry of Interior Affairs.

Foreigners with the recognized refugee status are sent to refugee centers by the Ministry of Interior Affairs.

The Ministry of Interior Affairs from paragraph 2 of this Article cares for providing financial means and health protection of those foreigners while they are in refugee centers.

Article 58

Accommodation and financial means required for supporting and making self-sufficient those foreigners with the recognized refugee status and who are not accommodated in refugee centers are taken care of by the Ministry of Health and Social Welfare in cooperation with the Ministry of Interior Affairs.

Article 59

Residency of a foreigner with the recognized refugee status and who is not accommodated in the refugee centers is determined by the competent authority in the republic or the autonomous province.

Decision on providing accommodation and financial means for supporting a foreigner from paragraph 1 of this Article is made by the competent authority in the republic or the autonomous province on which territory the foreigner is residing.

Against the final decision from paragraph 2 of this Article there cannot be an administrative dispute.

Article 60

Competent authority in the republic or in the autonomous province will withdraw residency in the Socialist Federal Republic of Yugoslavia to the foreigner with the recognized refugee status if required for protection of public order or protection of interests of the defence of the country or if his status has been withdrawn.

Decision on the withdrawal of residency to a foreigner from paragraph 1 of this Article is to contain the date on which the foreigner has to leave the territory of the Socialist Federal Republic of Yugoslavia.When deciding on the period, time required by a foreigner to find another country of acceptance will be taken into consideration.

Decision on the withdrawal of residency in the Socialist Federal Republic of Yugoslavia for the reasons of protection of public order or for the protection of interests of the defence of the country to the foreigner with the recognized refugee status, the competent authorities does not have to state reasons for bringing such a decision.

Against the decision on the withdrawal of residency to a foreigner with the recognized refugee status there cannot be an administrative dispute.

Comments:
This is an unofficial translation. This Law was published in the Official Gazette No. 56/1980. This document only provides selected provisions.
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