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I/I – 5 - Ministry of Interior and Commissariat for Refugees and Migrations / Asylumseekers132:
If a foreign national is found in the territory of the Republic of Serbia without documents that
can provide proof of identity133, if a foreign national has illegally entered the Republic of Serbia134
or if a foreigner has no evidence that his/her stay in the Republic of Serbia is legal135, police
officers shall escort him/her to the nearest police station, where his/her identity would be
checked and determined136, after which the foreign national will be searched for any identity
documents and the relevant information would be checked and entered in the statutory records.
A foreign national will be informed in a language he/she can understand of his/her legal status
and his/her rights and obligations while staying in the Republic of Serbia.
Where it is likely based on appearance that a foreign national is under 18 years of age, police
officers shall immediately alert a guardianship authority and invite it to participate in the
handling of the person, to act as a coordinator and to pass decisions within its remit.
Police officers shall use police powers and the measures and actions provided for by the Law on
Protection of State Borders and the Law on Foreigners against the person referred to in
paragraph I above in order to remove such person from the Republic of Serbia or to place the
person at the Shelter for Foreign Nationals under Increased Police Surveillance (“Shelter”).
The existing number of available places at the Shelter should be increased to enable
accommodation and provision of various forms of care to all foreign nationals who cannot be
deported immediately and whose identity has not been determined or who do not have any
travel documents on their person, for which purpose the required amount of funds shall be
allocated from the budget of the Republic of Serbia.
A foreign national brought to the Shelter shall be provided with accommodation and support in
accordance with the applicable regulations and standards, including in particular provision of
appropriate accommodation, meals, hygiene, communication in a language he/she can
understand, provision of health care and social support, means to satisfy his/her cultural and
religious needs etc.
Underage foreign nationals shall be placed at the Shelter together with their parents, except
where the guardianship authority in charge considers that other placement arrangements would
be more beneficial for the child.
Where the conditions set out in the Law of Foreigners are met, an undocumented foreign national
in the Republic of Serbia shall be expelled without delay, for which purpose the necessary funds
shall be allocated from the budget of the Republic of Serbia.
A foreign national who expresses intent to seek asylum in the Republic of Serbia or a foreign
national who would normally be deported to a territory where he/she is likely to be persecuted
because of his/her race, gender, religion, ethnicity, nationality, affiliation with a group or
Recommendation No. 75-6/14 based on the Report of the Visit to the Asylum Centre in, October 2013, No. 71-59/13,
follow-up visits to that and other asylum centres and data analyses and interviews with police officers in
connection with the treatment of migrants and asylum-seekers found in Serbia.
133 Passport, identity card for foreign national, special identity card or other photo ID.
134 Outside of designated places or times for crossing the national border; by avoiding border controls; by using
someone else’s passport or an invalid or forged passport or other document; by providing inaccurate information
to the border police; during the period in which a foreigner is not allowed to enter the Republic of Serbia as a result
of expulsion, deportation or cancellation of residence permit.
135 A stay without a visa, residence permit or other legal grounds.
132
136
Including: photographing, fingerprinting and taking of any other biometric data.
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