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The Human Rights League JUDr. Zuzana Števulová. Background information on HRL We are NGO, based in Bratislava, originally established in 2005 by lawyers.

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Presentation on theme: "The Human Rights League JUDr. Zuzana Števulová. Background information on HRL We are NGO, based in Bratislava, originally established in 2005 by lawyers."— Presentation transcript:

1 The Human Rights League JUDr. Zuzana Števulová

2 Background information on HRL We are NGO, based in Bratislava, originally established in 2005 by lawyers and advocates who were active in the asylum law in Slovakia People: 4 advocates 6 lawyers 2 managers 2 social workers 1 COI researcher 1 Ethnology expert Volunteers, Students

3 Address: Bratislava (Main office) : Hurbanovo nám Bratislava Žilina (branch office): Makovického ul. č Žilina Košice (branch office): Hlavná ul. č Košice

4 Our activities: Legal aid to asylum seekers in Slovakia (founded by national ERF) Legal and integration assistance to recognized refugees and subsidiary protection holders in Slovakia (founded by national ERF) Monitoring of the reception conditions and access to asylum procedure on Slovak-Ukrainian border and on the International airport in Bratislava (founded by UNHCR) Training activities for ABP staff, Police Academy and employees of the offices of labour, social affairs and family of Ministry of Labour, Social Affairs and Family (founded by national EIF) Legal assistance to third country nationals in Slovakia and to unaccompanied minors found in Slovakia (founded by national EIF and by the EEA grants and Norway Funds)

5 Our activities (cont.) Legal assistance to third country nationals held in the Detention Centre in Medveďov and in Sečovce (founded by the European Return Found and by the EEA Grants and Norway Funds ) Country of origin information research („European COI Training Network“ members, project „COI in Judicial Practice – Practical cooperation, exchanging good practices and dialogue on the assessment of country information (COI) as evidence in the judicial review of asylum decisions” Several minor projects (Accenture, Slovak Telecom, …) Legal education of students of the Faculty of Law of Trnava University

6 Our Target Groups Asylum seekers Recognized refugees and subsidiary protection holders Third country nationals (mainly in the vulnerable situation – those placed in Detention centres; unaccompanied minors; irregular migrants; migrants with family or other type of private life in Slovakia; migrants who would presumably face danger upon their removal from territory of the Slovakia; migrants with tolerated stay in Slovakia) Students of Law (Asylum Clinic)

7 Situation of target groups in Slovakia Asylum seekers: -Lengthy asylum procedure -Low recognition rate Refugees and subsidiary protection holders: -Difficult integration (language barrier, cultural barrier, limited possibility for finding appropriate employment) Third country nationals: -Difficulties in the process of obtaining the residence permit -Difficult integration -Intolerant society

8 Women as our target group The migration of women is lower than the migration of men If migrants, women are usually accompanied by other family members (husband, children) Statistics: 1.Asylum seekers: The applications of women are constantly lower than men (2008: 90% men, 10% women; 2007: 91% men, 9% women; 2006: 84% men, 16% women, 2005: 89% men, 11% women); statistics available on the website of the Ministry of Interior 2. Third country nationals: Only limited statistic information on women migration in SR is available.

9 Statistics on women migration The information of the Bureau of Alien and Border police for 2009: -The irregular stay in Slovakia: 223 women (8 women age 0-18, 215 women age 19 and more) 951 men (83 men age 0-18, 868 men age 19-more); countries od origin were: Ukraine, Vietnam, Moldova, China, Russia, Serbia, Turkey India -No other statistic available on women migration in Slovakia Source: Štatistický prehľad legálnej a nelegálnej migrácie za rok 2009 (Statistic overview of regular and irregular migration in 2009) Bureau of Alien and Border Police of the Ministry of Interior of SR olicia/rocenky/rok_2009/2009-statisticka-rocenka-uhcp-sk.pdf

10 Asylum procedure in Slovakia Law No. 480/2002 Coll. on Asylum and on the Changes and Amendments to other Laws as amended (referred to as „Law on Asylum“) Law No. 48/2002 Coll. on the Stay of the Aliens and on the Changes and Amendments to other Laws as amended (referred to as „Law on the Stay of the Aliens“) Asylum procedure is held by the Migration office of the Ministry of Interior of the Slovak Republic („Migračný úrad Ministerstva vnútra SR“) The asylum procedure starts when the asylum application is lodged by the migrant on the Asylum department of the ABP (Adamov – Gbely or Humenné); or at the borders (department of border police office or airport border police office)

11 Asylum procedure (cont.) After the application for asylum, every asylum seeker has the obligation to undergo medical screening in the Reception centre Humenné, where he has to stay for the period of 30 days In the Reception centre, initial interview with the asylum seeker takes place After the medical screening is finished, the asylum seeker is placed to the Accommodation centre (Opatovská Nová Ves, Rohovce), where he has the right to stay until the asylum procedure is finished If the asylum is granted, the refugee has the right for accommodation in the Integration centre in Zvolen for the period of 6 months If the subsidiary protection is granted, there is the possibility for the accommodation provided by the NGOs

12 Asylum procedure (cont.) Stages of the asylum procedure: 1.Asylum application 2.Initial interview, additional interview (not mandatory) 3.Decision (Asylum is granted; or subsidiary protection is granted; or no protection is granted) 4.Appellate procedure in the case that the decision is negative A.) Judicial review of the decision of the Migration office by the Regional Court in BA or KE; and by the Supreme Court of the Slovak republic in the 2nd instance; no possibility to change decision only approve the decision if correct or reject the decision and send the case back for new proceedings; B.) Administrative review in special cases by the Ministry of Interior. 5. Integration process if the protection is granted

13 Stay of the Aliens Visa Residence permit Tolerated stay Temporary residence permit Permanent residence permit Citizenship

14 Tolerated Stay Maximum for 180 days Expires if the migrant leaves the territory of Slovakia The migrant CAN apply without being holder of the travel or identification documents Grounds for granting the residence permit: -The administrative expulsion will result in risk for the migrant -The temporary protection has been granted to the migrant -The departure of the migrant is not possible and there is no reason for his detention -The migrant is unaccompanied minor -The migrant is more than 18 years old and is the victim of human trafficking crime -It is necessary to respect the family or private life of the migrant in Slovakia

15 Temporary residence Grounds for temporary residence: -Employment -Business -Education -Family reunification -Special Service The purpose of the stay MUST be proved. Length of the stay limited to the purposed, maximum 2 years, possibility of renovation.

16 Permanent Residence First residence permit grounds: -Family reasons (marriage, minor child) -Interest of the Slovak Republic Next residence permit grounds: -Holder of temporary residence permit in selected cases for 5 years Length of the residence permit: -First permit for 5 years -Next permit for unlimited period

17 Citizenship Conditions: -Length of the stay in Slovakia (8 years or permanent residence permit; or 4 years of stay in the case of recognized refugees; or 3 years for stateless persons; or 2 years for unaccompanied minors under the guardianship of Slovak institution or individual) -Proving the level of knowledge of Slovak culture and history and of written and oral Slovak language ability -Additional conditions providing the information on the applicant’s integration

18 Website

19 Thank you! Zuzana Števulová Statutory representative


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