Source: APC
Photo: APC

Belgrade, March 18, 2025 – Three years have passed since the beginning of the war in Ukraine and the granting of temporary protection to Ukrainians who fled to Serbia and remained in the country (the Government’s Decision on Temporary Protection was adopted on March 18, 2022). As there is no legal mechanism to extend the same temporary protection beyond two years, the question arises as to how temporary protection can be granted in 2025 to those who fled Ukraine and are living in Serbia.

Although the Law on Asylum and Temporary Protection does not provide for the possibility of extending temporary protection beyond two years from the date of the Government’s decision, the Decision on Amendments to the Government’s Decision on Providing Temporary Protection in the Republic of Serbia to Displaced Persons from Ukraine (“Official Gazette of the RS,” No. 21/2024), adopted on March 15, 2024, stipulates that temporary protection is extended as long as the need/reasons for its adoption exist. Aforementioned Government Decision’s provision directly contradicts Article 75 of the Law on Asylum and Temporary Protection.

Since a Government decision cannot override or amend a law, which holds a higher legal status, and given that no legal amendments have been enacted, it is important to recognize that the very concept of temporary protection under the law emphasizes its temporary rather than permanent nature. Therefore, we propose that refugees from Ukraine residing in Serbia be granted asylum under the framework of subsidiary protection, as they have fled war and large-scale violence in Ukraine, which has persisted for more than three years. This measure would allow them to permanently regulate their legal status in Serbia.

Additionally, the issue of constant uncertainty and annual extensions of residence and protection creates significant obstacles for Ukrainian migrants in fully integrating into Serbian society and their local communities. Ukrainian migrants do not know whether and when they might have to leave the country, they struggle to extend access to healthcare and education for their children, and they face disruptions in employment due to the uncertainty surrounding their legal status. As a result, they live in constant fear and under significant psychological pressure.

According to the law, temporary protection is granted in extraordinary circumstances when state institutions lack the capacity to respond to a sudden and massive influx of refugees. The purpose of temporary protection is to buy time for institutions to reorganize and prepare for regular asylum procedures.

Since more than three years have passed since the start of the war in Ukraine and the Government’s initial decision to grant temporary protection, State Asylum Office now has the capacity to allow all individuals who fled from Ukraine and are residing in Serbia, to apply for asylum instead of being granted further temporary protection. Asylum should be granted under the scope of subsidiary protection without exception and within a short period. This is especially justified given that enough time has passed for the Asylum Office to improve its capacities and reorganize its operations to ensure that Ukrainian refugees are provided with long-term protection and residence in Serbia, in accordance with the Law on Asylum and Temporary Protection.

Moreover, implementing the asylum procedure for Ukrainian refugees does not require any legal amendments, parliamentary procedures, additional financial resources, or extra operational or other capacity. It only requires the dedicated and professional work of the Asylum Office within the envisaged short time frame of no more than a few months.

The Asylum Protection Center (APC) has submitted this initiative to the Border Police Sector of the Ministry of Internal Affairs, the Office of the Minister of Internal Affairs, and the Office of the Prime Minister of the Republic of Serbia.