You can apply for asylum in Montenegro if you are in Montenegro. You can seek asylum at a border crossing, a police station nearby, or the Reception Center in Bozaj.
There are two steps in Montenegro’s asylum process.
You must first declare that you want to apply for asylum. An oral or written declaration of intent to request international protection in Montenegro is known as an intention to apply. It is possible to declare your plan at a border crossing, a police station nearby, or the Reception Center in Bozaj.
Once you have indicated your purpose, your personal data, including biometrics (each fingerprinted) and a photo, will be collected to authenticate your identification. You will also be given a document indicating that you have indicated your desire to seek international protection. This certificate allows you to lawfully dwell in Montenegro and to stay at the facilities of the Government’s Directorate for the Reception of Foreigners Seeking International Protection for the following 15 days.
You have the right to apply for international protection in Montenegro within the 15-day certificate validity period. If you do not do so within 15 days, you will lose your legal right to reside in the country and would no longer be able to apply for international protection.
Second, you must file an asylum application. An application for international protection is submitted to the Asylum Directorate within 15 days of the indicated intention. The Asylum Directorate is open from 7:00 a.m. to 3:00 p.m., Monday through Friday.
If you are admitted to a hospital facility, you will be given the opportunity to apply for international protection while you are a patient.
You will have the status of a foreigner seeking international protection after filing an application for international protection, and you will be issued a certificate proving that you have applied for international protection, which will serve as a residence permit in Montenegro pending a final decision on the application for international protection.
Most websites linked in this article are in English, Serbian, or Montenegrin. If you need, use Google Translate, Tarjimly, or any other translation app.
Counseling / Legal Aid
You are entitled to free legal aid from the moment you declare your intention to seek international protection in Montenegro until the final decision on your application is made, including during the preparation for and during the interview. If a negative decision is reached and you have grounds for a lawsuit, you are entitled to free legal representation during the second instance procedure.
You can hire an attorney/lawyer if you have the finances.
What will happen if I am detained at the Montenegro border crossing?
If you find yourself at a border crossing or in the transit area of an airport or seaport and do not fit the standards for lawful entry into Montenegro, you may be detained at the border crossing and given the opportunity to apply for international protection. In that scenario, the final decision on your application will be issued within 28 days after its submission. You will be allowed to enter Montenegro if it is determined that you qualify for international protection or if no decision is made within 28 days.
What happens next after I applied for asylum in Montenegro?
Following your application for international protection, the Ministry will schedule an interview with you as soon as possible, during which you will be able to explain all of the facts, circumstances, and reasons for seeking protection, as well as submit all supporting evidence that you have at your disposal or are able to obtain.
The interview will be conducted in a language you are familiar with, with the assistance of an interpreter. If this is possible and warranted, your application for international protection will be handled by an authorized official of the same gender.
What decision can I expect under my application for international protection ?
The Asylum Directorate has the authority to: a) accept your application and give you asylum or subsidiary protection; or b) deny your application.
If you withdraw your application for international protection, do not respond to the invitation to interviews, do not appear at the interview for unjustified reasons, or change your place of residence for more than 3 days without notifying the Directorate for Asylum or the Reception Centre, your application for international protection will be suspended.
What is the decision-making deadline?
The Ministry of Interior will make a decision on your application for international protection within 6 months of receiving it. This period can be extended by 9 months for the reasons specified in the law, or by an additional 3 months to allow for a thorough examination of your application.
The decision must be made within 21 months of the date your application for international protection was filed.
What if I am not happy with the decision?
An appeal may be lodged against any decision to the Administrative Court, within 15 days of receipt of the decision, for which you need to contact your legal representative.
Source: Help UNHCR Montenegro
The cover image is somewhere in Kotor, Montenegro. Photo by Ivana Djudic on Unsplash