The Slovenia Times

Supreme Court upholds decision paving way for deportation of refugee


The court took the decision on 12 January after the Interior Ministry appealed against the temporary injunction issued by the Administrative Court.

Last month, the Administrative Court decided that the ministry had not formally rejected Shamieh's asylum request, tasking it to re-examine it.

Until the ministry did so, the refugee, whose case had even earned PM Miro Cerar an impeachment motion, could stay in Slovenia.

The ministry complained against the Administrative Court's decision, with the Supreme Court dismissing the temporary injunction, arguing it was unlawful and not in line with the case law.

The Supreme Court also argued the temporary injunction interfered with an earlier decision taken by the ministry not to process Shamieh's asylum application on the grounds that he would be sent back to Croatia.

It added that this final decision taken by the ministry was upheld as right and lawful by several courts before, whereby he was given effective legal remedy.

It also said the Administrative Court was wrong in assessing that returning Samieh to Croatia, without first establishing concrete circumstances, meant causing irreparable damage.

However, the Supreme Court did not deliberate on whether it is possible to use the discretion clause in Samieh's case; the clause means Slovenia can decide to keep the refugee instead of deporting him.

Meanwhile, the Administrative Court had said the ministry was wrong in saying that it was too late to use the clause because all procedures in Slovenia were already completed.

In June 2017, the ministry dismissed Samieh's first application for international protection, arguing Croatia was responsible for handling it given that he had entered the EU via Croatia in February 2016.

This view was upheld by all regular courts in Slovenia and by the EU Court of Justice, whereupon a six-month period to deport him started on 23 August.

His deportation was severely opposed by NGOs and some politicians last November, arguing Shamieh was a role model of refugee integration.

The deportation was suspended, but Shamieh filed another application for international protection and an application to apply the discretion clause.

The ministry rejected the application, so he turned to the Administrative Court.


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