Return - IOM Publications - International Organization for Migration

Return Migration: Policies and Practices
Article 56 of the Aliens Act defines both the restriction of movement and the eventual obligation
of migrants in irregular situations to leave the country. Migrants who are due to be deported from
Slovenia may be detained in the Centre for the Deportation of Aliens, at the Ministry of Interior
for a period not exceeding six months, if they cannot be removed immediately. Where detention
at the Centre for Deportation is impossible due to special needs, the individual may be provided
accommodation at a social security facility, with the agreement of the social security office.
Aliens whose identities cannot be established may also be detained in the Centre for Deportation.
Detainees are held at the Centre for Deportation of Aliens under the supervision of the Ministry
of Interior until their removal. In special cases where detention in the centre is not possible,
detainees may be placed in a social security facility or provided with other adequate institutional
care.
Slovenian legislation also provides for detainees to be placed under “stricter police supervision”.
This means that detainees may be restricted in their freedom of movement within the
premises of the deportation centre. This is applicable to aliens who have been denied entry into
the country, and against whom an additional order of expulsion has been issued.
More lenient measure may also be imposed where there is reason to believe the individual concerned
will not abscond. In such cases, detention in the Deportation Centre may be replaced by
an obligation to report regularly to the police station.
Carrier Sanctions
Under Article 24 of the Aliens Act, carriers which fail to meet their obligation to ensure that
passengers entering Slovenia have valid travel documents and an entry permit, are obliged to
return the person immediately and at their own expense. Moreover, the carrier has to cover all
related expenses until the alien has left the country.
1.3 ADMINISTRATIVE AND PROCEDURAL ARRANGEMENTS
Institutions Responsible for Involuntary Return
The Ministry of Foreign Affairs is responsible for decisions on the entry of aliens and the issuance
of visas.
The Ministry of Interior makes all decisions regarding residence permits and the annulment of
residence, and is also responsible for making decisions on deportations. The police and border
police, which come under the jurisdiction of the Ministry of Interior, are responsible for exercising
border control, refusing entry to aliens at the border, issuing visas at the border and implementing
decision on the deportation of aliens.
Aliens who cannot be deported immediately are held at the MOI’s Centre for the Deportation of
Aliens.
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