Slovenia: Refugee Regulations of 1991
| Publisher | National Legislative Bodies / National Authorities |
| Publication Date | 8 October 1991 |
| Cite as | National Legislative Bodies / National Authorities, Slovenia: Refugee Regulations of 1991, 8 October 1991, available at: https://www.refworld.org/docid/3ae6b4f318.html [accessed 27 May 2023] |
| Comments | This is an unofficial translation. |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
I. PROCEEDINGS OF THE ACCEPTANCE OF THE REQUEST
Article 1
The official representative of the organ described in Article 37 of the Law on Foreigners (further on: office-holder) is obliged to have a discussion with the petitioner for refugee status (further on: petitioner) upon the receipt of a request for the recognition of the refugee status, whether it was written or oral, and to enter the petition in the record by fulfilling the from from Appendix I of these Regulations in quadruplicate.The office-holder has to have the discussion with the petitioner in the presence of an interpreter.
Article 2
The obligation of the office-holder is to inform the petitioner before the fulfilment of the form from the previous article to mention all the facts in his personal statement to confirm that he is a refugee in the sense of Article 34 of the Law on Foreigners and in the sense of Article 1A of the Convention on the Refugee Status. The office-holder must also ascertain whether the petitioner has his own means of living or whether he is supported by a humanitarian or some other organization.The petitioner for refugee status can attach to his personal statement all documents to substantiate the authenticity of his statement (membership cards of political and other organizations, court records, etc.).
Article 3
Upon acceptance of the personal statement a typed copy procedure is to be performed by the office-holder.Article 4
The office-holder is obliged to send immediately, via computer or telefax, a copy of the records to the authorized Administration for Internal Affairs, to the Ministry of the Interior and to the transient home for foreigners.II. ACCOMMODATION OF THE PETITIONER AND ANSWERING A PETITION
Article 5
The Ministry of the Interior, together with the competent Administration for the Internal Affairs and with the Transient home for foreigners, decides immediately after the acceptance of the petition whether to accept the petitioner in the Transient home for foreigners or to accommodate him somewhere else.The decree of determination of the location of temporary accommodation is issued by the office-holder to the petitioner on form No. 2 appended to these Regulations.
The Ministry of the Interior must take into consideration the individual and familiar needs of the petitioner, his material possibilities as well as ethnic, religions and national appartenance before deciding on his accommodation.
Article 6
An agreement of the temporary accommodation can be reached by the Ministry of the Interior with organizations and individuals offering board and lodging to the foreigners against payment.Article 7
The Ministry of the Interior must give to the petitioner, orally or in writing, all the addresses of humanitarian and other organizations able to offer him material and legal assistance.Article 8
Additional interviews can take place between the Ministry of the Interior and the petitioner who can be asked to show possible additional evidence confirming the authenticity of his previous statements.Article 9
Should it be discovered that the petitioner does not fulfil all the conditions for refugee status as mentioned in Article 34 of the Law on Foreigners and in Article 1A of the Convention on the Refugee Status, the Ministry of the Interior shall release a negative provision to his petition.Article 10
However, in case the petitioner does not express the wish to obtain refugee status in the Republic of Slovenia but wishes to move to any other third country, the mode of his departure shall be arranged by the Ministry of the Interior in agreement with the Ministry of the Exterior, foreign diplomatic and consular missions as well as competent international organizations.Article 11
The Ministry of the Interior shall hand the petitioner over to the competent diplomatic or consular mission or, in case there is no such mission, shall extradict him to his state of origin as soon as the provision of rejection of the request for refugee status becomes valid, or in case the petitioner's departure to the third state is rejected, as in the previous article.III. TREATMENT IN THE TRANSIENT HOME FOR FOREIGNERS
Article 12
The petitioner for refugee status who has no personal means of living and who was accepted in a transient home for foreigners or in any other temporary lodging, will be taken care of, i.e.: board and lodging, basic medical treatment, clothes, daily allowance, education.Article 13
Foreigners, as defined in Article 42 of the Law on foreigners, will be entitled only to basic needs consisting of board and lodging, clothes and medical care.In the attestation mentioned in Article 8 of the Regulations on the mode of implementation of the Law on refugees, it must be specifically specified that his movements are limited only to the premises of the Transient home and its closest surroundings.
Article 14
Petitioners and other foreigners accommodated in the Transient home for foreigners can be temporarily employed with the permission of the Transient home direction, either in the Transient home itself or outside, by any legal or physical person.Article 15
A petitioner will lose his rights to basic treatment in the following cases:if he renounces the treatment on his own free will;
if his application for refugee status has been rejected;
with the issuing of the valid provisions of the recognition of refugee status in the Republic of Slovenia;
with the emigration from the Republic of Slovenia;
if another organization takes over complete care of the petitioner;
if he commits a criminal offence or punishable violence and has been tried for such;
if he repeatedly commits offences against the House rules of the Transient home for foreigners;
where it can be proved that the petitioner gave wrong or untruthful information on his personal data or important facts which could have influenced the decision of the competent organ during the procedure of petition-solving for the recognition of refugee status.
The Ministry of the Interior decides about the loss of the petitioner's rights to the basic treatment as mentioned in paras. 2, 6, 7 and 8 above and can, therefore, hand him over to the diplomatic or consular mission concerned or, if such a mission does not exist, return him to his state of origin.A complaint against such a decision shall not delay its execution.
