AKMV Asylum in Slovakia
QUESTION
I applied for asylum in the territory of the Slovak Republic and was granted subsidiary protection. Does the stay in a refugee camp or at a private address until the moment of the decision count as authorized residence?
ANSWER:
Until a decision is issued on the asylum application, the stay of an applicant who has been granted subsidiary protection is considered authorized. This authorized stay begins immediately after submitting the asylum application at the relevant police department.
During the asylum procedure, the applicant is entitled to move within the territory of the Slovak Republic. Such movement may be restricted if the applicant has repeatedly applied for asylum.
Throughout the entire asylum procedure, the applicant has the right to reside in an accommodation center, which primarily operates under an open regime. In order for an asylum seeker to move legally within the territory of Slovakia, it is necessary to be granted a pass (leave of absence) by a migration officer at the accommodation center. The pass can be issued for a maximum of 7 days and must be requested from the migration officer.
Along with the pass, it is necessary to carry an identification card that proves you are an asylum seeker. If the applicant does not have these required documents on their person, the asylum procedure may be terminated.
Pursuant to Section 22(3) of Act No. 480/2002 Coll. on Asylum, the Ministry may permit a stay outside the accommodation center based on a written request from the asylum seeker, provided the applicant is able to cover all expenses associated with the stay outside the center from their own resources. Alternatively, according to Section 22(4), “a citizen of the Slovak Republic with permanent residence in the Slovak Republic or a foreigner with a granted residence permit in the Slovak Republic submits a written affidavit stating that they will provide accommodation for the applicant and cover all expenses associated with their stay in the territory of the Slovak Republic.”
It is also important to note that the applicant cannot leave the territory of the Slovak Republic, which means they are not permitted to enter another member state or the Schengen Area.
JUDr. Veronika Michalíková, MBA QUESTION
Can I travel abroad as an asylee?
ANSWER:
Initially, it is necessary to know which state the asylee intends to travel to and whether it is their home country. If that were the case, it is necessary to proceed from the relevant provisions of Section 15 et seq. of Act No. 480/2002 Coll. on Asylum and on amendments to certain acts (hereinafter referred to as the “Asylum Act”), as asylum revocation proceedings begin ex offo, at the initiative of the Ministry.
According to Section 15(2) of the Asylum Act: “The Ministry shall withdraw asylum if the asylee: a) has voluntarily re-availed themselves of the protection of the country of their nationality; b) having lost their nationality, has voluntarily re-acquired it; c) has acquired a new nationality and enjoys the protection of the country of their new nationality; d) refuses, without justification, the protection provided by the state of which they are a national, even though the circumstances for which asylum was granted have ceased to exist; this does not apply if the asylee states compelling reasons based on previous persecution for refusing the protection of the state of which they are a national; e) is able to return to the state of their residence because the circumstances for which asylum was granted have ceased to exist; this does not apply if the asylee states compelling reasons based on previous persecution for refusing to return to the state of their residence; f) has voluntarily re-established themselves in the country which they left or outside which they remained owing to fear of persecution; g) there is a reasonable suspicion that the asylee committed acts according to Section 13(2) or (3), or if there is a reason according to Section 13(4)(a) and (b); or h) asylum was granted solely on the basis of false data or forged documents, or because the asylee concealed facts essential for a reliable determination of the facts of the case.”
However, the Asylum Act lists basic obligations for the asylee, which do not imply that they cannot travel outside the EU (provided, of course, that all legal provisions are met, e.g., the Act on the Residence of Foreigners, from which it is clear, among other things, that a foreigner must travel with a valid travel document, etc.).
According to the wording of Section 26 of the Asylum Act, the obligations of an asylee are as follows: The asylee is obliged to: a) cooperate with the Ministry and relevant authorities in their integration; b) notify the Ministry within 20 days of the birth of their child in the territory of the Slovak Republic; c) observe the internal regulations during the stay in the accommodation center; d) notify the Ministry without delay of:
-
the acquisition of state citizenship,
-
the granting of asylum by another EU member state,
-
the granting of residence without time limit in another state.
The obligation not to leave the territory of the EU does not follow from the above for such a person; on the other hand, the asylee is obliged to comply with the provisions regarding the conditions for granting asylum—meaning they must maintain the reasons for which asylum was granted (persecution for racial, religious, or other reasons, humanitarian reasons, or for the purpose of family reunification under Sections 8, 9, and 10).
The travel document for an asylee is regulated by Act No. 647/2007 Coll. on Travel Documents. Pursuant to Section 13, a foreigner’s travel document may be issued to a person granted asylum in the Slovak Republic. No restrictions apply to this travel document for an asylee; the law defines reasons why such a document would not be issued, and these are mostly administrative in nature (incomplete applications). Similarly, there are no conditions for refusing to extend a travel document.
This means that such a travel document cannot state where the foreigner may not travel, nor is it issued on the condition that the foreigner cannot travel to their country of origin or the country from which protection was granted. Likewise, the asylee does not need the consent of the Slovak Republic to travel outside the SR or the EU (logically, this would defeat the purpose of the law), including to third countries or the asylee’s country of origin. Naturally, one must keep in mind the conditions under which asylum can be withdrawn, as defined above.
The problem would thus be contact with the state which the asylee left for the reasons asylum was granted, or contacting the authorities of that state. The reason would need to be explained (otherwise, it may be considered acceptable only if, for example, the visit was to a necessary extent and especially of a short-term nature).
If asylum were withdrawn by a decision of the relevant authority, it is possible to file an appeal (remedy) with a court. The deadline is 30 days from the date of delivery of the decision, with the exception of a decision to withdraw asylum according to Section 10 (family reunification granted for three years), against which the appeal must be filed within 20 days. This appeal has a suspensive effect, meaning the asylum remains valid until the court issues a final decision in the review of the legality of the withdrawal.
JUDr. Veronika Michalíková, MBA