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09 January 2009

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Report on Asylum Seekers in Macedonia

Before the new Law on Asylum and Temporary Protection entered into force in August 2003, all persons with refugee or immigrant status in the Republic of Macedonia had the right to Temporary Humanitarian Protection. That status lasted until September 28, 2003, when they got an opportunity to seek asylum in Macedonia, in accordance with the new Law.

In 2003, the Department of Asylum with the Sector for Foreign Citizens and Immigration of the Ministry of Interior received a total a 1115 Asylum Requests, covering a total of 2,321 persons. Overwhelming majority of them (95%) were of the so-called RAE (Roma, Ashkali, Egyptians) ethnic background, originally from Kosovo-Serbia and Montenegro, while the rest of the asylum seekers were from the other ethnic groups in Kosovo (Serbs, Bosniaks, Gorani (Muslim Macedonians)). In 2004, there were 31 requests for asylum in Macedonia, following a similar ethnic structure.

The Law provides that the requests will be reviewed at the first level by the Department of Asylum with the Ministry of Interior. The applicants have the right to file complaints to its decisions to a Commission established by the Government, which covers cases submitted in regular or urgent procedures. In the regular procedure, the asylum seeker has the right to take the case to the Supreme Court of the Republic of Macedonia and demand a suspension of the application of the second degree decision until the Supreme Court issues a ruling. That right is not provided for in the urgent procedure.

In addition, the asylum seekers have the right to legal assistance, which is not cheap (actually, until now it was free, financed by UNHCR); the right to interpreter/translator; contacts with UNHCR during all phases of the procedure; personal documents depending on the stadium in the procedure that the asylum request has reached (ID card, refugee or person under humanitarian protection ID card, and refugee passport); right to accommodation at the shelter or other location designated as such by the Ministry of Labour and Social Welfare; basic health care; employment at the shelter or other position designated by the Ministry.

The Law on Asylum and Temporary Humanitarian Protection was published by the Official Gazette of the Republic of Macedonia, No. 49/2003.

For more information, please write to Vlado Dimovski, Centre for Interethnic Tollerance and Refugees at cmtbskopje@yahoo.com

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