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THE LAW ON MOVEMENT AND STAY OF ALIENS AND ASYLUM

Internal, unofficial and consolidated text

(Published in the “Official Gazette of BiH”, Nº 36/08, and 87/12)

LAW ON MOVEMENT AND STAY OF ALIENS AND ASSYLUM

 

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Article 42 (Visa cancellation in the country)

(1) A visa shall be cancelled to an alien who has entered and is residing in the territory of BiH, in the following cases:

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c) where the alien is organizing or is connected with organizing the illegal entry, stay or exit of individuals or groups into and from BiH, or if he/she organizes or is involved in human trafficking;

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Article 54 (Temporary residence on humanitarian grounds)

(1) Temporary residence on humanitarian grounds may be granted to an alien who fails to meet the general requirements for granting temporary residence as provided by Article 53 (General conditions for granting temporary residence) of this Law, and so in the following cases:

a) where an alien who has been a victim of organized crime and/or trafficking of human beings, for the purpose of providing protection and assistance for his/her rehabilitation and repatriation into the country of his/her habitual residence, or a country which will admit the alien;

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(3) An alien who has been granted temporary residence on humanitarian grounds referred to in paragraph (1), item a) of this Article, as a victim of trafficking in persons and whose residence in BiH is necessary for the purpose of cooperation with competent bodies in an investigation aimed at detection and processing of criminal offence of trafficking in persons, has the right to: an adequate and safe accommodation, access to emergency medical protection, psychological assistance, be informed on his/her legal status, legal assistance during criminal and other proceedings in which he/she is granted other rights, access to job market under the same conditions applying to aliens, as well as access to professional training and education. A child who holds an approved temporary residence permit as a victim of trafficking in persons shall have access to education.

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Article 56. (Protection of victims of human trafficking)

(1) The Ministry is responsible for providing special protection and assistance to victims of trafficking in human beings for the purpose of their rehabilitation and repatriation into their country of habitual residence or country of admission. (2) The Ministry shall, by way of a by-law, specify the rules and standards of their treatment as well as of other issues concerning the admission of victims of trafficking of human beings, their rehabilitation and return (repatriation).

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Section E. Cancellation of residence

Article 68. (Reasons for cancellation of residence)

(1) The right of residence shall be cancelled if:

c) An alien has organized or has been connected to organizing illegal entry to, stay in or exit from BiH of individuals or groups or has participated in the trafficking in human beings in any way,

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Article 88. (Reasons for imposing the expulsion measures)

f) If there is a final and binding decision based upon which he/she has been found guilty for the crime of trading narcotics, weapons, trafficking or smuggling of human beings, terrorism, money laundering, or any other form of organized, cross-border and transnational crime;

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Article 94 (Non-enforcement of forcible removal)

(3) Even if there are reasons for the forcible removal of an alien prescribed in this Law, the alien shall not be forcibly removed from the country if by not doing so it is in the interest of conducting court proceedings, especially where the alien shall appear as a victim of the trafficking in human beings or of any other form of organized, cross-border or transnational crime and where the alien co-operate with authorities in revealing crimes or their offenders. In such case the alien shall be granted residence as prescribed in Article 54 (Temporary residence on humanitarian grounds) paragraph (2) of this Law.

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CHAPTER VI. RECEPTION OF ALIENS AND SUPERVISION

Section A. Institutions specialized for the reception of aliens

Article 98 (Structure of institutions)

(1) Immigration centers, centers for the accommodation of persons who have filed requests for international protection, centers for accommodation of victims of trafficking in human beings and other institutions specialized for the reception of aliens may be established for the purpose of implementing the present Law.

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(4) At the proposal of the Ministry, the BiH Council of Ministers shall, by way of bylaws, determine the title and type of the institution specialized for the reception of aliens, the method of their administration, financial requirements, operational standards, the method of providing special conditions for beneficiaries of center for accommodation of applicants for international protection and persons with approved temporary protection, center for accommodation of human trafficking victims, as well as other institutions specialized for the reception of aliens, as well as other issues relevant for the operation of certain types of specialized institution.

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