Law on Asylum and Temporary Protection prescribes the status, rights and obligations of asylum seekers and persons who have been granted the right to asylum or temporary protection, the principles, conditions, and procedure for the approval and cessation of the right to asylum or temporary protection, as well as other issues relevant for asylum or temporary protection.
Asylum constitutes the right to residence and protection accorded to a foreigner who has been granted refuge or subsidiary protection, on the basis of a decision by the competent authority.
Asylum procedure is a procedure, governed by this Law, for the acquisition and cessation of the right to asylum and other rights of asylum seekers and persons granted the right to asylum.
Foreigner is any person who is not a citizen of the Republic of Serbia, irrespective of whether he/she is a foreign national or a stateless person.
Asylum seeker is a foreigner who has filed an application for asylum in the territory of the Republic of Serbia, and where no final decision has yet been taken.
Refugee is a foreigner who, owing to well-founded fear of being persecuted for reasons of race, sex, language, religion, nationality, or membership of a particular social group, or political opinion, is outside the country of his/her origin, and is unable or, owing to such fear, is unwilling to avail - 2 - himself/herself of the protection of that country, as well as a stateless person who is outside the country of his/her habitual residence, and who is unable or, owing to such fear, unwilling to return to that country.
Right to refuge is the right to residence and protection granted to a refugee in the territory of the Republic of Serbia, with respect to whom the competent authority has determined that his/her fear of persecution in the country of his/her origin or the country of his/her habitual residence is well-founded.
Subsidiary protection shall be understood to mean a form of protection granted by the Republic of Serbia to a foreigner who would be, if returned to the country of his/her origin or habitual residence, subjected to serious harm, and who is unable or unwilling to avail himself/herself of the protection of that country, in accordance with Article 25 of this Law.
Temporary protection shall be understood to mean a form of protection granted by a decision of the Government of the Republic of Serbia in the case of a mass influx of displaced persons who cannot be returned to their country of origin or habitual residence, in accordance with Article 74 of this Law;
In the course of the procedures for granting and cessation of the right to asylum, the procedure shall be conducted, and all decisions shall be taken by the Asylum Office, which is the organizational unit of the Ministry of the Interior competent for the asylum issues.
Asylum Commission shall decide on appeals against decisions of the Asylum Office. The Commission shall comprise the Chairperson and eight members, appointed by the Government for a four-year term.
The final decisions of the Asylum Commission may be challenged in an administrative dispute before the Administrative Court.
Commissariat for Refugees and Migration shall provide material reception conditions to the Applicants in accordance with this Law. The Commissariat shall provide temporary accommodation to persons who have been granted asylum in accordance with the regulation governing migration management. It implements programs of voluntary return of a foreigner whose application was refused or rejected by a decision of the competent authority, or if the asylum procedure has been discontinued; a foreigner who has been granted temporary protection; a foreigner who has been issued a decision pursuant to Article 75, paragraphs 3 and 4, or a decision pursuant to Articles 83 and 84 of this Law; and a foreigner whose asylum status has ceased, as well as programs of integration of persons who have been granted asylum in accordance with the regulation governing migration management.