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Asylum in Slovakia: The Application Process and Key Stages from Application to Appeal

Asylum in Slovakia: The Application Process and Key Stages from Application to Appeal

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Introduction:
Slovakia, as a member of the European Union, is obligated to comply with international refugee protection standards and grants asylum to individuals facing persecution in their home country. The asylum process in Slovakia, while similar to other EU countries, has its own unique characteristics and important steps that must be taken into account. In this article, I will discuss the asylum application process in Slovakia, including the key stages: application submission, review, appeal, and resubmission if rejected.

1. Applying for asylum

The asylum application process in Slovakia begins with an application to the Slovak Migration Service (Migration Office of the Ministry of the Interior). Slovakia offers several application methods, depending on your location.

At the border or at the airport

If you arrived in Slovakia via the border or airport, you can apply for asylum directly upon crossing the border. It is important to inform border guards or airport staff that you intend to apply for asylum. This can be done during the initial stage of entry into the country.

Inland

If you are already in Slovakia, you can submit your asylum application to the Migration Service or to one of the refugee centers located in major cities across the country.

At this stage, you will need to provide the following documents:

  • Passport or other identification document.
  • A detailed explanation of the reasons why you cannot return to your country.
  • Documents confirming harassment or threats (threatening letters, medical certificates, photographs and other evidence).

Once you submit your application, you will be scheduled for an interview where your reasons for seeking asylum will be assessed.

2. Application Review:
Once your asylum application has been submitted, its review begins.

This includes several important stages.

Interview:
The applicant will be invited to an interview with the Migration Service, where they will explain the reasons why they cannot return to their home country. It is important to provide detailed information about your past, threats, and persecution, as well as all possible evidence of these threats.

Application Review:
Based on the interview and the documents submitted, Migration Service staff will review your case.

Key points include:

  • Assessing the credibility of the applicant's story.
  • Analysis of the situation in the applicant's country of origin.
  • Evaluation of all evidence presented.

If the application is approved, the applicant is granted refugee status and may remain in Slovakia. If asylum is denied, the applicant may be asked to appeal to the appeals authorities.

3. Appealing a Refusal

If your asylum application has been rejected, you have the right to appeal to the Asylum Commission of the Slovak Ministry of the Interior.

The appeal process:

  1. Filing deadline: The appeal must be filed within 15 days of receiving the refusal decision.
  2. New Evidence: During the appeals process, you can provide additional evidence that could influence the decision. This could include additional information about the situation in your home country, changes in your status, or new facts you weren't able to present during the initial stage.

Appeal Review:
The Asylum Commission reviews the appeal and makes a decision based on new evidence and arguments. The Commission may confirm the initial refusal decision, modify it, or grant the appeal and grant refugee status.

4. The Role of the Expert Report
An expert report is an independent document prepared by an expert to confirm the reality of the threats in the applicant’s country.

The objectives of the report are:
1. Confirming the context: Describing the current situation in the applicant’s country: political instability, repression, conflict.
2. Strengthening the evidence base: Substantiating the risks for the applicant and the impossibility of safe return.
3. Using authoritative sources: Amnesty International, Human Rights Watch, UN.

The expert report plays a key role at all stages:
• At the application stage: It helps the UDSC understand the situation in the applicant’s country.
• In court: The report allows the judge to see the full picture.
• On appeal: It points out errors in the previous decision or confirms new circumstances.

Asylum in Slovakia: The Application Process and Key Stages from Application to Appeal

Russia and CIS Expert: Assistance in preparing expert witness reports for asylum applicants from Russia, Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan

My name is Maxim Kharitonov, and I am an expert on human rights , political repression, and social abuses in the CIS countries. My work focuses on providing objective and professional expert witness reports for asylum seekers in countries such as the United States, United Kingdom, Canada, and the European Union. I specialize in analyzing and presenting evidence supporting the risks of persecution in the former Soviet Union.

My achievements:

  • Over 100 successfully prepared expert witness reports for asylum applicants from CIS countries, including Russia, Belarus, Tajikistan, Ukraine, Armenia, Azerbaijan, Kazakhstan, Georgia, Kyrgyzstan, Moldova, Turkmenistan, and Uzbekistan – at the appeals and initial application stages.
  • Collaboration with leading US and UK law firms, including the preparation of reports that have become key evidence in successful asylum cases.
  • Winner of the Expert Witness Awards 2024 in the category "Best Expert on Immigration Issues".
  • My in-depth knowledge of the legal and political situation in the CIS countries allows me to objectively assess the risks of political persecution, human rights violations, and other factors affecting the safety of applicants.
  • Recognition as a respected expert in the field of human rights and political repression, including inclusion in the Experts for Immigration and Justice (EIN) database: https://www.ein.org.uk/experts/kharitonov

Having gone through the asylum process myself, I understand how important it is to present the court with a complete and accurate picture of what happened.

If you are looking for a professional expert on political asylum issues from the CIS countries, my services will help you prepare a strong and compelling case for your clients.

How I prepare an expert report:

  • Analysis of the General Situation: I examine the political, religious and social conditions in the applicant's country of origin, including repression, persecution, human rights violations and other threats.
  • Analysis of the applicant's circumstances: I study the statement, interview, provided documents and the decision of the court or immigration authority.
  • Research: I use international and local sources, such as Amnesty International, Human Rights Watch, the UN , and local media. I support every fact with references using the OSCOLA methodology.
  • Compliance with standards:
  • My reports are strictly regulated and comply with the guidelines set out in the Upper Tribunal's Practice Direction on Expert Evidence.
  • Having accepted responsibility for the analysis and preparation of the report, I confirm the accuracy of all facts presented and the correctness of the opinions expressed.

Declaration of Truthfulness:

At the end of each report, I sign a declaration confirming that all information presented is based on reliable sources and that the opinions expressed are my own.

Liability to Court:

  • My professional remuneration is not dependent on the outcome of the case, which guarantees objectivity and the fulfillment of my duty to the court.
  • In some cases, I may be called to court to provide evidence regarding circumstances in the appellant's country of origin.

— Maxim Kharitonov

How to contact me
: Email: info@thehuman-rights.com

Application on the website:
thehuman-rights.com

Working hours:

  • I respond to requests within 1 hour.
  • I prepare reports within 1 week, including complex and extensive cases.

5. Appeal to the Council of State (Conseil d'État)
If your appeal is rejected, you can file a complaint with the Conseil d'État, France's highest court.

When is this possible?
A complaint is filed in the event of legal errors or procedural irregularities at the CNDA.

The filing process:

  • The complaint must be filed within 2 months of the CNDA refusal.
  • The court may overturn the CNDA's decision and remand the case for retrial.

6. New application (réexamen)
If all previous attempts have been unsuccessful, you can submit a new application based on new circumstances.

What do you need for a new application?

  • New evidence confirming the change in the situation in the country.
  • Expert report substantiating the relevance of the threats

7. Fresh Claim
If all the previous steps fail, you can file a Fresh Claim.To do this, you need:

  • New evidence that significantly changes the essence of the case.
  • An expert report confirming changes in the situation in the country.

Conclusion:
The asylum application process in France is complex, but with the right preparation and support, you have every chance of success.

An expert report is a key tool to help you explain your story and justify the risks.

Contact me:

Need an expert witness report for your case?

Our country experts provide independent reports for asylum and immigration cases in the UK, US, Canada, and EU.
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