The term “Azyl” refers to the protection of a foreigner from persecution for reasons specified in the Convention relating to the Status of Refugees or in the Constitution of the Slovak Republic.
The asylum procedure begins with the declaration of the foreigner at the respective police department stating that they are applying for asylum or seeking supplementary protection on the territory of the Slovak Republic, unless asylum law prescribes otherwise. For a minor, the legal representative or court-appointed guardian submits the declaration. The asylum procedure does not commence if the declaration is made by a foreigner who is already an applicant or if it is determined that the declaration was made by a minor.
Practical advice: Supplementary protection involves protection against serious injustice in the country of origin.
The authority to receive the declaration is as follows:
- For a foreigner applying for asylum or seeking supplementary protection upon entering the territory of the Slovak Republic, the police department at the border crossing point.
- For a foreigner applying for asylum or seeking supplementary protection after entering the territory of the Slovak Republic, the police department established at the asylum facility.
- For a foreigner traveling by air to the territory of the Slovak Republic and not meeting the entry conditions, the police department in the transit area of the international airport.
- For a foreigner housed in a facility for foreigners, the police department at that facility.
- For a foreigner in institutional health care, the police department according to the location of the institutional health care facility.
- For a foreigner in detention or serving a prison sentence, the police department according to the location of the detention facility or prison.
- For a foreigner in a social and legal protection facility for children and social guardianship, the police department according to the location of that facility.
The police department records the declaration on the official form, the template of which is provided in Appendix No. 1 of the Asylum Act, and promptly sends it to the Ministry of Interior of the Slovak Republic (hereinafter referred to as the “ministry”).
After the declaration or after a foreigner enters the territory of the Slovak Republic, the police department detains the travel document or other identity document and issues a confirmation. A copy of the detained documents along with the documentation necessary for assessing the asylum application is promptly sent by the police department to the ministry. If the applicant is a foreigner with a temporary or permanent residence permit in the Slovak Republic, identity documents are not detained, and the police department sends the ministry only a copy of these documents. The police department also ensures the collection of fingerprints from the applicant. After completing the asylum procedure, the police department, upon request, returns the detained documents to the foreigner.
An authorized employee of the ministry conducts an initial interview with the applicant after the declaration is submitted. During the initial interview, the applicant is obliged to provide truthfully and completely all requested information necessary for deciding on the asylum application.
The ministry issues an applicant over the age of 15 an applicant identification card for the duration of the asylum procedure.
The ministry grants asylum to the applicant, unless otherwise stipulated by this law, to an applicant who:
- Has well-founded fears of persecution in the country of origin for reasons of race, nationality, religion, membership in a particular social group, or political opinion, and cannot or does not want to return to that state due to these fears.
- Is persecuted in the country of origin for exercising political rights and freedoms.
The ministry may grant asylum for humanitarian reasons, even if reasons are not identified in accordance with the preceding paragraph.
The ministry rejects an asylum application as inadmissible if:
- The applicant has been granted asylum by a state that is not a member state of the European Union, and the applicant can effectively use this protection; this does not apply if the applicant cannot be effectively returned to that state.
- The applicant comes from a safe third country; this does not apply if this country cannot be considered a safe third country in his case or if the applicant cannot be effectively returned to a safe third country.
- Another state is competent for the asylum procedure.
- Asylum has been granted to the applicant by a member state of the European Union.
- The applicant is a citizen of a member state of the European Union; this does not apply if circumstances arise as stipulated in the Asylum Protocol for nationals of member states of the European Union.
The ministry decides on asylum within 90 days from the commencement of the procedure.
During the asylum procedure, the applicant is entitled to stay in the territory of the Slovak Republic, unless otherwise stipulated by the asylum law or another special regulation. After staying in the reception center, the applicant is placed in a residential camp or is allowed to stay outside the residential camp. The ministry may place the applicant in an integration center for a necessary period.
The ministry may allow the applicant to stay outside the residential camp based on his written request if:
- He is able to cover all expenses related to staying outside the residential camp from his own funds or
- A Slovak Republic citizen with permanent residence in the territory of the Slovak Republic or a foreigner with a residence permit in the territory of the Slovak Republic submits a written sworn statement that he will provide accommodation for the applicant and cover all expenses associated with his stay in the territory of the Slovak Republic.
The applicant is provided free of charge during the stay in the asylum facility or integration center, unless otherwise stipulated by this law:
- Accommodation
- Meals or food allowance
- Basic hygiene needs and other items necessary for survival.
During the stay in the residential camp, the applicant can attend a Slovak language course; the expenses related to this are covered by the ministry.