Slovenia: Law of 1997 on Temporary Refuge

Document source:

National Legislative Bodies / National Authorities
Date:
25 April 1997

I. GENERAL PROVISIONS

Article 1

The Republic of Slovenia shall grant temporary refuge under the conditions and in the manner defined by this Law.

Article 2

If the Government of the Republic of Slovenia determines that, for example, a situation of war or warlike circumstances, occupation, massive violations of Human Rights and suchlike, has occurred in a foreign state, it will offer temporary refuge to persons from that state.

With consideration to the economic and other capabilities of the Republic of Slovenia, the reasons of national security and public order, and other similar [constraints], the Parliament of the Republic of Slovenia shall, upon Governments proposal, determine the number of persons to whom the Republic of Slovenia will offer temporary refuge, as well as it shall determine conditions for eventual exceeding of this number.

Article 3

Temporary refuge may be obtained by persons who are citizens of a state referred to in the previous article, and by stateless persons:

- who at the time of commencement of the circumstances referred to in the first paragraph of the previous article, had permanent or temporary residence in such a state and have come, due to these circumstances, directly to the Republic of Slovenia,

- or who were at the time of commencement of the circumstances staying legally in the Republic of Slovenia and have been, after the expiration of their legal stay, temporarily prevented from returning to their state of origin.

Temporary refuge may also be obtained by persons who, at the time of the commencement of the circumstances referred to in the first paragraph of the previous article, had been staying in that state permanently or temporarily:

- and are close family members of persons referred to in the first subparagraph of the previous paragraph and have come together with them directly to the Republic of Slovenia,

- or they are close family members of persons referred to in the second subparagraph of the first paragraph of this article and have come directly to the Republic of Slovenia.

Close family members are, as per this Law, spouse, minor children and their parents. If minor children have no parents, the persons authorised to take care for them are considered as close family members.

Article 4

Temporary refuge cannot be obtained by a person who:

- has been found guilty of a criminal act against humanity and international law,

- has been found guilty of a criminal act punishable with at least three years of imprisonment in the Republic of Slovenia, and the penalty has not yet been erased [from his/her criminal record].

- enjoys refugee status or possesses a residence permit in the Republic of Slovenia,

- enjoys refugee status, temporary refuge or possesses a residence permit in a third country,

- had already obtained temporary refuge as per this Law, but the status ceased on his/her own will.

Article 5

The temporary refuge shall cease:

- upon cessation of circumstances which were the basis for obtention,

- if a person obtains citizenship of a third country,

- if a person obtains a refugee status, temporary refuge or residence permit in a third country,

- if a person repatriates voluntarily,

- if a person obtains some other legal status in the Republic of Slovenia,

- upon revocation.

Article 6

Should one of the facts, listed in article 4 of this Law, be established after the person obtained temporary refuge, the same is to be revoked.

Temporary refuge may also be revoked:

- should a person fail three times to report his/her place of residence as per article 14 of this Law,

- if s/he engages oneself in an employment contrary to article 23 of this Law,

- for reasons of public order or if a person refuses to comply with the decisions of state bodies.

Article 7

Persons,

- who did not ask for temporary refuge,

- whose applications was dropped or rejected,

- who arrived to the Republic of Slovenia after the number, defined in article 2 of this Law, was filled,

- who lost temporary refuge by revocation,

and whose immediate return to their country of origin is not possible, are to be accommodated in the Transit Home for Foreigners (the THF hereafter).

In the THF of the Republic of Slovenia, care and accommodation shall be assured to these persons, whilst their freedom of movement can be restricted in the following cases:

- to prevent spreading of contagious diseases,

- if they try to evade the measure of expulsion from the state,

- if they endanger their own life or lives of others or cause damages to property.

The movement may be restricted:

- outside the premises of the THF, or

- outside the specified area.

The decision on restriction of movement can also contain a provision on [reporting obligation of] the person whose movement is restricted, yet not more than twice a day.

The THF of the Republic of Slovenia decides on the restriction of movement, as per its official function and in accordance with provisions of [the Law on General Administrative Procedure]. The restriction may last until the cessation of the reasons, yet not more than three months. If there are still reasons for restriction after this time, it can be extended for another three months. Restriction of movement due to prevention of spreading of contagious diseases may last as long as the reasons for it exist.

It is possible to appeal against the decision on the restriction of movement within three days at the competent court upon receipt [of the decision]. The court must reach a decision on the appeal within five days.

Article 8

A person enjoying temporary refuge can apply for a temporary residence permit.

The period of time the persons are under temporary refuge in the Republic of Slovenia, shall not be considered as time of residence necessary for obtention of a permanent residence permit as per the Law on Foreigners, nor as residence, prescribed for the acquisition of citizenship of the Republic of Slovenia.

II. PROCEDURE

Article 9

All procedures under this Law are to be carried out as per the provisions of the Law on general administrative procedure.

Article 10

Persons who seek temporary refuge referred to in the first subparagraph of the first paragraph and in the second paragraph of article 3 of this Law, must apply for [this status] on arrival to the Republic of Slovenia with the competent body controlling the state border crossing.

The applicant must fill in the application form with the competent body mentioned in the previous paragraph. If an applicant does not understand the Slovene language, the application form is to be translated into a language which s/he understands. The application form and its details shall be defined by the Minister of the Interior.

The authorized officer of the body, mentioned in the first paragraph of this article, undertakes a personal search and a search of the applicant's luggage. Details on how to perform these acts shall be defined by the Minister of the Interior.

The competent officer, according to the data collected, shall organize an accompanied transport to the nearest reception centre, where procedures for identification continue and further data necessary for granting the temporary refuge shall be collected.

The body which accepts the application form shall issue a certificate of reception to the applicant and proceed the application to a competent body as per article 12 of this Law.

Persons mentioned in second subparagraph of the first paragraph of article 3 of this Law must apply for temporary refuge with the competent body as per article 12 of this Law before the legal residence expires.

In cases, when the number of persons to whom the Republic of Slovenia offers the temporary refuge, is over-filled, applicants may also apply for temporary refuge with the consular missions of the Republic of Slovenia abroad, if they fulfill conditions referred to in second paragraph of article 2 of this Law.

Article 11

Temporary refuge seekers shall be accommodated in the reception centres until a decision on their application has been reached.

The above-mentioned centres shall be established and operated by the Office for Immigration and Refugees (the OIR hereafter) as internal organizational units.

In the reception centres these persons shall be medically examined. If necessary, measures may be taken to ensure protection of public health.

Article 12

An internal organizational unit in charge of the internal affairs in the administrative unit, which covers the region where a reception centre is situated, shall decide on whom to recognise as temporary refugee.

Should the competent organ establish all necessary information from the application itself, it shall decide on temporary refuge in an accelerated procedure.

The competent internal organizational unit in charge of the internal affairs, which covers the region of residence of a person enjoying temporary refuge, shall decide on the revocation of temporary refuge.

A special identity card shall be issued to persons to whom temporary refuge is recognized. The form and the contents of the card shall be defined by the Minister of Interior.

Article 13

It is possible to file a testimony appeal within 15 days upon reception of a decision with which, an application for obtention of temporary refuge is dropped, rejected, or revoked.

The Ministry of Interior issues a decision on the testimony appeals.

Article 14

The decision on rejection or revocation of temporary refuge, and the decision on dropping the application for the obtention of temporary refuge, must include an appointed time in which a person must leave the country.

If a person does not leave the country after the appointed time, s/he shall be expelled as per provisions of the Law on Foreigners, except in cases mentioned in article 7 of this Law.

Article 15

Persons enjoying temporary refuge must report every change of place of residence within three days to the internal organizational unit in charge of the internal affairs which covers the region of the place of residence.

Article 16

Temporary refuge seekers:

- must be informed of their rights and duties,

- are entitled to an interpreter while communicating to state organs, if they so request,

- must be informed of the contact addresses of humanitarian organisations and other NGOs which offer legal and other assistance.

III. PROTECTION OF PERSONAL DATA

Article 17

The administrative body mentioned in article 12 of this Law shall collect and process the following information concerning temporary refuge seekers:

- name/surname

- maiden name

- sex

- marital status

- Date of Birth, and Place of Birth

- citizenship

- education and occupation

- the last place of residence outside the Republic of Slovenia

- date of entry into the Republic of Slovenia

- type of document which served as the basis for acquisition of temporary refuge

- the [reference] number and the date of issue of the decision to grant temporary refuge

- the place of residence in the Republic of Slovenia.

The administrative body mentioned in the previous paragraph must share the information collected with the Ministry of Interior.

Article 18

The OIR shall collect and process the following sets of personal data for the performance of tasks defined as per this Law:

1. Data on care and accommodation, which include: