Report on the Performance of Activities of the National Preventive Mechanism for 2017
threats. Consequently, 202 lawsuits were filed before administrative courts, and 55 against decisions
issued precisely due to security issues.
Pursuant to the
Act
on
the
Security
Intelligence
THE STRUCTURE OF COURT DECISIONS BY ACTIONS BASED
ON REJECTION OF INTERNATIONAL PROTECTION FOR
SECURITY REASONS
System of the RC,
1573
security vetting is
performed
for
persons
obtaining
Croatian
citizenship
for
whose
and
stay
is
of
granted
applications
266
67
12
foreigners
important for the
security
208
rejected
applications
rejected
subsequently
suspended
procedures
negative
decisions
the
country, while the Security Vetting Act stipulates that the SIA issues to the applicant, in this case the
MoI, only an opinion on the (non-)existence of security threats, which is extremely problematic in the
procedure of granting international protection. Due to the circumstances and causes of leaving the
country of origin, the applicants cannot return to it, so the reason for denying residence in the country
of reception is particularly important. This is especially true when the MoI assesses that there is a great
possibility that the applicant could be faced with the risk of suffering serious injustice, torture, inhuman
or degrading treatment or punishment in the country of origin. Yet, it still rejects the application, solely
based on the opinion issued by the SIA, without even looking at its content.
Additionally, such decisions also order them to leave the EEA, which may constitute a violation of the
principle of non-refoulement. In the decisions of administrative courts it was found that the MoI
incorrectly or incompletely established the facts of the case during the administrative procedure.
Namely, the reasons for refusing international protection were not the ones that could be brought into
connection with the exclusion from asylum or subsidiary protection, and which are prescribed by the
AITP. It is therefore necessary to issue decisions on international protection on the basis of a fully
established factual situation, after reviewing the opinion issued by the SIA on the existence of security
threats and by stating the reasons for exclusion from asylum or subsidiary protection. This is also
supported by the case law, which often annuls decisions of the MoI and sends them back into the
procedure or modifies them and grants the asylum, which is also discussed in detail in the chapter on
combating discrimination at national level.
In addition, security vetting is carried out on the basis of Security Vetting Questionnaire, an integral part
of which is the consent for the procedure which needs to be filled out in person, and voluntarily signed
by the person for whom it is being used, which will be elaborated in more detail in the chapter on
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