Article 19 of the Constitution of Croatia provides that individual decisions of administrative agencies and other bodies vested with pubic authority shall be grounded on law and that judicial review of decisions made by administrative agencies and other bodies vested with public authority shall be guaranteed. Therefore judicial review may be open to migrants in relation to whom decisions have been made by public authorities.

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Article 19 of the Constitution of Croatia provides that individual decisions of administrative agencies and other bodies vested with pubic authority shall be grounded on law and that judicial review of decisions made by administrative agencies and other bodies vested with public authority shall be guaranteed. Therefore judicial review may be open to migrants in relation to whom decisions have been made by public authorities.

The new Law on Aliens of 2003, which came into force in July 2003 and will come into use in January 2004 creates a number of rights of appeal against decisions on the status of migrants in Croatia. Article 38 states that against a decision that refuses a claim for temporary stay (see 8.2 – Immigration Law and Policy) there is an appeal within 8 days of receiving the decision, which the Ministry of Interior decides. In relation to permanent settlement Article 48 states that although there is no right to appeal against a decision of the Ministry of Interior a legal challenge against the decision may still be initiated. Against a decision to place a migrant in a reception centre (see 8.13 – Freedom of Movement) there is an appeal under Article 61 within 8 days to the Ministry of Interior, which will decide on the appeal within a further 8 days. However any appeal under this provision does not stop a person being placed in a reception centre.

The new Law on Asylum of 2003 sets out a right of appeal against asylum decisions and provides under that Article 6 against a decision of the Ministry of Interior an appeal is allowed to an appeal Tribunal and that against that decision an appeal may be made to the High Court of Croatia. Restrictions on freedom of movement under the Act may also be appealed against under Article 40 of the Law.

Analysis provided by: Anisa Niaz LLM (Public Law), United Kingdom.

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