The National Assembly of Serbia adopted the new Law on Asylum and Temporary Protection and the new Law on Foreigners on March 22, 2018.
By adopting new laws, Serbia harmonizes its legislation with the acquis communautaire and seeks to make the asylum procedure more efficient and better define the rights and obligations of foreigners in the Republic of Serbia.
According to the new Law on Asylum and Temporary Protection, the decision-making bodies for asylum applications remain the same, but the novelties are introduced in the course of the procedure. It is envisaged that, while expressing the intention to seek asylum, registration is carried out and that the Asylum Office then has a deadline of 15 days to allow the asylum seeker to submit the application. If the Asylum Office fails to take the asylum application, the asylum seeker has the right to submit a written request within 8 days. The deadlines for adopting the first instance decision are now in line with the existing practice, so the deadline for adopting the first instance decision is extended to three months, with the possibility of extension for three months twice. Accelerated procedure and procedure at the border crossing are introduced, where the authorities will be able to conduct the procedure within 30 days or 28 days if certain conditions are met. The obligation to decide on refused asylum applications is introduced when a safe third country refuses to accept such a person. The new law defines the role of the Commissariat for Refugees and Migration in detail, and the right to financial assistance is introduced for those who are accommodated in the asylum centers.
The new law contains a provision on the right of asylum seekers to free legal aid provided by non-governmental organizations dealing with the provision of legal protection to refugees.
The new Law on Foreigners introduces a new institute for temporary residence based on humanitarian grounds that could solve the status issues of persons who can not be granted refugee status but who can not leave Serbia. It also introduces the possibility of a tolerated stay for foreigners who illegally stay in the territory of the Republic of Serbia and who can not leave it.
The new Law on Asylum and Temporary Protection will be applied after 60 days and the Law on Foreigners will be applied after 6 months.