ISSN 1452-6662
Više od 180 osnovnih i prečišćenih tekstova propisa Republike Srbije prevedenih na engleski jezik.
Grupa: LEGAL ACTS CONCERNING THE STATUS OF FOREIGN CITIZENS
Izdanje: LAW ON ASYLUM AND TEMPORARY PROTECTION
Published in the Službeni glasnik RS, No. 24/18 of 26 March 2018
Sekcija: I. BASIC PROVISIONS

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  • Subject Matter of the Law
     Article 1

    This Law shall prescribe the status, rights, and obligations of asylum seekers and persons granted the right to asylum or temporary protection, the principles, conditions, and procedure for the granting and cessation of asylum or temporary protection, as well as other issues relevant for asylum and temporary protection. 

  • Basic Terms
     Article 2

    Certain expressions used in this Law shall have the following meaning:

    1) asylum shall be understood to mean the right to residence and protection accorded to a foreigner who has been granted refuge or subsidiary protection on the basis of a decision by the competent authority;

    2) 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 and persons to whom the right to asylum has been granted;

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

    4) an asylum seeker (hereinafter: the Applicant) shall be understood to mean a foreigner who has filed an application for asylum in the territory of the Republic of Serbia, and where no final decision has yet been rendered;

    5) a subsequent asylum application shall be understood to mean an application for asylum filed after the final decision, based on which the application for asylum was dismissed, and based on which the application for asylum has been adopted and subsidiary protection has been granted or upon the decision on suspension of the procedure due to withdrawal of the application ;

    6) a refugee shall be understood to mean a person who, on account of a well-founded fear of persecution on grounds of race, sex, language, religion, nationality, or membership of a particular social group or due to his/her 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;

    7) the right to refuge shall be understood to mean the right to residence and protection granted to a refugee who is in the territory of the Republic of Serbia, with respect to whom the competent authority has determined that his/her fear of persecution in the country of origin or country of habitual residence is well-founded;

    8) subsidiary protection shall be understood to mean protection granted by the Republic of Serbia to a foreigner who would be, if returned to the country of origin or habitual residence, subjected to suffering of severe injustice, and who is unable or unwilling to avail himself/herself of the protection of that country, due to such threat, and in line with Article 25 of this Law;

    9) temporary protection shall be understood to mean protection granted by the Government in the case of a mass influx of displaced persons who cannot be returned to their country of origin or habitual residence, in line with Article 74 of this Law;

    10) a country of origin shall be understood to mean a country whose nationality a foreigner holds or a country in which a stateless person had habitual residence, and if a foreigner has multiple nationalities, a country of origin shall be understood to mean any country whose national he/she is;

    11) habitual residence shall be understood to mean a place where a foreigner stayed under such circumstances based on which it could be concluded that his/her stay in that place or area was not only temporary;

    12) a family member shall be understood to mean the spouse, provided that the marriage was contracted before the arrival to the Republic of Serbia, the common-law partner in line with the regulations of the Republic of Serbia, their minor children born both in or out of wedlock, minor adopted children, or minor step-children, whereas the status of a family member may be exceptionally granted also to other persons, particularly taking into account the fact that they had been supported by the person who has been granted asylum or temporary protection, as well as their age and psychological dependence, including the health, social, cultural or other similar circumstances;

    13) a minor shall be understood to mean a foreigner under 18 years of age.

    14) an unaccompanied minor shall be understood to mean a foreigner under 18 years of age who was neither accompanied by his/her parents or guardians on his/her arrival to the Republic of Serbia, nor an adult who is responsible for him/her or who found himself/herself without the company of his/her parents or guardians after having arrived to the Republic of Serbia or the company of an adult who is responsible for him/her.

    15) a  minor separated from the parent shall be understood to mean a foreigner under 18 years of age and who, upon his/her entry into the Republic of Serbia is unaccompanied by parents or guardians, or an adult who is responsible for him/her or who, having entered the Republic of Serbia, was left without the company of a parent or a guardian or the company of an adult who is responsible for him/her, but not necessarily without the company of other relatives, and who is subject of the provisions of this Law, which refer to an unaccompanied minor.

    The expressions denoting persons in this Law shall refer equally to persons of male and female gender, regardless of the grammatical gender in which they were expressed. 

  • Application of the Law
     Article 3

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

    The issues relating to the scope, content, and type of the rights and obligations of the Applicants and persons granted the right to asylum or temporary protection that are not regulated by this Law, shall be subject of the regulations governing the legal status of foreigners and the regulations governing migration management.

    The provisions of this Law shall be interpreted in line with the Convention Relating to the Status of Refugees, the Protocol Relating to the Status of Refugees and the generally accepted rules of international law.

    The provisions of this Law shall not be applied to the refugees who have acquired this status based on the Law on Refugees (Službeni glasnik RS, No. 18/92, Službeni list SRJ, No. 42/02 - FCC and Službeni glasnik RS, No. 30/10).