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International Protection, Asylum or Subsidiary Protection

MontenegroHumanitarian protection

Explore the five recorded questions, answers and sources for this pathway.

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What exactly is this: asylum, temporary protection, humanitarian admission, resettlement or another protection mechanism?

This is international protection under the law that sets the principles, conditions and procedure for granting international and temporary protection to foreigners. International protection comprises asylum and subsidiary protection. The same law separately provides temporary protection for third-country nationals and stateless persons in cases of a mass influx or imminent mass influx of persons who cannot return to their country of origin.

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Which population, circumstances or geographic group does the mechanism cover?

Asylum is granted to an applicant who is outside their country of origin and has a well-founded fear of persecution because of race, religion, nationality, membership of a particular social group or political opinion, and for that reason cannot or does not want to accept that country's protection. Subsidiary protection is granted to an applicant who does not meet the conditions for asylum where there are justified reasons to believe that on return to the country of origin they would face a real risk of serious harm, and who is unable or, because of that risk, unwilling to accept that country's protection.

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Where can protection be requested, and is this a direct application, border/in-country request, referral or other process?

The intention to apply can be expressed during border control at a border crossing; a person already in Montenegro expresses it at the police unit where they are found or at the Reception Centre. The application must then be filed with the Ministry as soon as possible and at the latest within 15 days of expressing the intention, directly on the prescribed form or orally on the record, which starts the procedure. An applicant placed in a healthcare institution may file it in that institution.

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What happens after the request: registration, family handling, major support and rights where officially stated?

When the intention is expressed, all fingerprints and a photograph are taken to establish identity; the police or Reception Centre official records the data and directs the person to report to the Ministry within three days to file the application. A person who does not provide the data, or without justified reason does not report to the Ministry, is deemed to be staying unlawfully. While the application is pending the applicant has the right to stay in Montenegro, freedom of movement, reception, health care, primary and secondary education, information and legal advice, free legal aid, work, documents and family unity; the right to work arises once nine months have passed from the application without a Ministry decision.

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Which competent authority, UN body or official assistance channel should the person use?

The competent authority is the state administration body responsible for internal affairs (the Ministry), which conducts the procedure and handles reception and accommodation of applicants. The Ministry and other state bodies cooperate with UNHCR on matters concerning applicants and protected persons; with the applicant's consent, the Ministry gives UNHCR access to data on the application, the course of the procedure and the decision. A representative of UNHCR or of another organisation protecting human and refugee rights may attend the interview unless the applicant objects.

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Limits of the record
  • No fraud/scam warning is stated in the captured law.

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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