Skip Ribbon Commands
Skip to main content
Slovenia
Country of Decision : Slovenia
Court Name : SI: Supreme Court [Vrhovno sodišče]
Date of decision : 30/09/2020
Type : Judgment
ECLI : ECLI:SI:VSRS:2020:I.UP.129.2020
Case Number/Citation/ Document Symbol :

Applicant

SI: The Supreme Administrative Court ruled on locus standi of an applicant who arbitrarily left the reception centre after a negative decision but before an appeal decision, showing a lack of interest in pursuing the application

The applicant received a negative decision for his asylum application on 28 February 2020 and he appealed before the court of first instance. Before a decision was pronounce on his appeal, on 13 July 2020, the applicant arbitrarily left the reception centre and did not return within 3 days.

The court of first instance rejected the applicant’s appeal and his application for international protection on grounds of lack of legal interest in pursuing the administrative procedure after leaving arbitrarily the reception centre.

The applicant appealed the first instance decision, informed by email that he was still in Ljubljana, but gave no explanation for having left the asylum centre (no reasons given were given for circumstances that he could not influence) and his whereabouts between 13-21 July. 

The Supreme Administrative Court held that, although not explicitly mentioned in the legislation, arbitrarily leaving the assigned place of residence after a negative decision of the determining authority and before a judgment is delivered by the appeal court has consequences on the locus standi of the applicant and on the administrative dispute as his conduct shows he has ceased to wait for a court decision that can be in his favour. The Supreme Administrative Court rejected his appeal and stated that an asylum applicant has not only rights but also obligations, such as being always available to the competent authority, responding to its invitations and complying with its measures.

Assessment of Application; Asylum Procedures/Special Procedures; Reception/Accommodation; Renewal/Withdrawal/Revocation of Protection;

National law only (in case there is no reference to EU law/ECHR);

EASO IDS

Slovenia, Supreme Court [Vrhovno sodišče], Applicant, ECLI:SI:VSRS:2020:I.UP.129.2020, 30 September 2020. Link redirects to the English summary in the EASO Case Law Database.

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1373