Proceedings with persons who do not apply for international protection

Entry and stay in the Republic of Slovenia is regulated by the Aliens Act which also defines procedures with persons who enter the territory of Slovenia illegally and thus remain illegally under the provisions of this Act. A foreigner must have a valid passport to enter, leave and stay in the Republic of Slovenia document, a visa or a residence permit (entry address) The law does not regulate a humanitarian visa.¹

Entry across the green border or use of a forged, foreign or otherwise modified passport and other documents required for entry is considered as unauthorized entry into the Republic of Slovenia.

In the event that the refugee is intercepted during the illegal crossing of the state border or in connection with it, the police may return him on the basis of return agreements. Readmission agreements of illegally staying refugees are used to return from EU Member States to the country of transit or country of origin. These procedures are short and speedy and must be carried out without a written decision within 72 hours of the arrest. In such procedures, the police transfers the person to the security authorities of the receiving country; in the case of Slovenia, this is mostly Croatia.

If the person cannot be returned under these agreements, he is accommodated at the Postojna Alien Center and issued a return decision. Police can issue two types of return decisions, namely a decision setting a deadline for a foreigner to leave the country (the so-called voluntary return decision) and a decision on a forced return if the person does not leave within the voluntary return deadline and if, in the case of individual treatment, at the very beginning of the proceedings, reasons are given indicating the dangers of escape and for public and national security.

Foreigners who have not applied for international protection and who do not yet have a regular stay in the Republic of Slovenia may nevertheless be allowed to stay under certain conditions, if it is not possible to return to the country of origin: The most frequent reasons are:

• the refugee’s removal from the country with the principle of non-refoulement (explained below) is not allowed,
• the refugee does not have and cannot obtain a valid passport of the country of which he is a national,
• due to the refugee’s medical condition, the doctor does not recommend immediate removal from the country,
• the refugee has to prolong the residence permit in the country due to the death or serious illness of a family member residing in the Republic of Slovenia,
• it is necessary to ensure the urgent participation of an refugee in proceedings before a state body of the Republic of Slovenia,
• a minor refugee in the Republic of Slovenia attends primary school until the end of the school year,
• the foreign country is not ready to accept the person of which he is a national or the country in which the stateless person had his last residence,
• removal is not possible as it is not possible to guarantee the transportation of a foreigner from the country by land, air or water,
• removal is not possible because circumstances such as natural and other disasters that prevent return are occurring in the country of which the refugee is a national or in the country where the stateless person was last resident.

The restraining permit is issued by the police at the request of the refugee or ex officio for a period of six months. The permit may be extended at the request of the refugee. A person who is allowed to stay in the Republic of Slovenia is issued a police card with a permit to stay in the Republic of Slovenia.²

Persons who are allowed to stay are entitled to emergency health care, basic care (financial social assistance), and compulsory juvenile education, as well as to primary education. The principle of non-refoulement under this law and in accordance with the principles of customary international law means the obligation of the Republic of Slovenia not to remove a person to a country in which his or her life or freedom would be endangered by race, religion, nationality, affiliation with a particular social group or political belief , or to a country where he or she may be subjected to torture and other cruel, inhuman or degrading treatment or punishment.

Family reunion is a concept that allows a person or persons to reside in Slovenia. If a person has been residing in Slovenia for a sufficient time and has a temporary residence permit issued that is valid for one year or has a valid permanent residence permit, they can reunite their family.