Accelerated procedure

Croatia

Author

Croatian Law Centre

About text

General (scope, grounds for accelerated procedures, time limits)

According to the LITP the Ministry shall render a decision in an accelerated procedure where:1

  1. The applicant has presented only facts which are irrelevant to an assessment of the merits of  the application;

  2. The applicant has consciously misled the Ministry by presenting false information or unreliable documents, or by not providing relevant information or by concealing documents which could have had a negative effect on the decision;

  3. The applicant in bad faith has probably acted and destroyed documents that establish identity and/or nationality with the aim to provide false information about his or her identity and/or nationality;

  4. The applicant has presented inconsistent, contradictory, manifestly inaccurate or unconvincing statements contrary to the verified information on the country of origin, rendering his/her application unreliable;

  5. A subsequent application is admissible;

  6. The applicant has already resided for a longer period of time in the Republic of Croatia and for no justifiable reason failed to express his or her intention to apply for international protection earlier;

  7. The applicant expressed the intention to apply for international protection for the clear purpose of postponing or preventing the enforcement of a decision which would result in his or her expulsion from the Republic of Croatia;

  8. The applicant represents a risk for the national security or public order of the Republic of Croatia;

  9. It is possible to apply the concept of Safe Country of Origin; or

  10. The applicant has refused to give fingerprints.

The Asylum Department within the Ministry of Interior is responsible for taking decisions in accelerated procedures. The LITP has set a 2-month deadline for completing the accelerated procedure, failing which the claim is transferred to the regular procedure.

The number of asylum applications that were handled in an accelerated manner according to the grounds listed above is not publicly available. However, according to the Ministry of Interior, in 2016, final decisions under the accelerated procedure were issued in 45 cases, including cases where the safe country of origin concept was applied.2   

 

Personal interview

The same provisions from the LITP on the personal interview in a regular procedure apply to the one in accelerated procedures. That means that the interview in accelerated procedure is not held only in specific cases prescribed by the LITP, i.e. when:

  • A positive decision on application may be taken on the basis of the available evidence;

  • In cases when an applicant is unfit or unable to be interviewed, owing to enduring circumstances beyond  his or her control; or

  • The admissibility of a subsequent application is being assessed.3

The Asylum Department of the Ministry of Interior is responsible for conducting the interviews and taking decision.

 

Appeal

The Administrative Court is the competent appeal body in the accelerated procedure, so there is no difference in the authority responsible for handling the appeal compared to regular procedure. However, time limits are shorter: a complaint may be lodged to the Administrative Court within 8 days from the delivery of the decision of the Ministry of Interior.4

Moreover, appeals against negative decisions in the accelerated procedures do not have suspensive effect.5 The asylum seeker can apply for suspensive effect, which the Court has to decide on within 8 days from the receipt. However, appeals against decisions in cases where the applicant has already resided for a longer period of time in the Republic of Croatia and for no justifiable reason failed to express his or her intention to apply for international protection earlier never have suspensive effect i.e. there is no possibility to request for suspensive effect.6

 

Legal assistance

The same provisions from the LITP as to access to free legal assistance for asylum seekers in the regular asylum procedure apply for access to free legal assistance during an accelerated procedure, meaning that free legal aid includes assistance in the preparation of a claim to the Administrative Court and representation before the Administrative Court, if requested by the asylum seeker (see section on Regular Procedure: Legal Assistance).

 

  • 1. Article 41(1) LITP.
  • 2. Information provided by the Ministry of Interior, 2 March 2017.
  • 3. Article 35(8) LITP.
  • 4. Article 41(5) LITP.
  • 5. Article 51(1)(1) LITP.
  • 6. Article 51(1)(2) LITP, citing Article 41(1)(6) LITP.

About AIDA

The Asylum Information Database (AIDA) is a database managed by the European Council on Refugees and Exiles (ECRE), containing information on asylum procedures, reception conditions, detenti