***Note that the information for this country was not validated by the EUAA national contact point of the Information and Analysis Sector.
The Ministry of the Interior appears before the courts in all cases before the administrative court and before the High Administrative Court.
There is a unit of legal officers in the ministry, responsible for the defence of first instance asylum decisions in appeal proceedings.
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Applicants are informed about the possibilities to appeal a decision, about time limits and procedures in place when they receive the administrative decision from the Ministry of the Interior.
There is no written translation provided in their language, as the decision is in Croatian. However, applicants receive the administrative decision with an interpreter present so there is oral translation of the decision.
Applicants are informed about the possibilities to appeal a judgment of the administrative court, about time limits and procedures in place when they receive the judgment of the administrative court.
There is no translation provided in their language, as the judgment of the administrative court is in Croatian. However, at this point applicants have a lawyer, mainly through free legal aid and the judgment is received by the lawyer, who then informs the applicant about the content of the judgment, with the interpreter present if necessary (if the applicant does not speak English).
An interpreter may be provided by the court if the person does not know Croatian (Article 70 Law on Administrative Disputes). Articles 75 to 81 of the Law on Administrative Disputes, which concern experts, apply mutatis mutandis to interpreters.
If an applicant is deaf, they will be asked questions in writing, and if they are mute, communication takes place in writing. If the hearing cannot be conducted in this manner, a person who can communicate with the person is called upon as an interpreter.
The court warns the interpreter of the duty to faithfully convey the questions asked and the statements made by the applicant.
It can be the same interpreter as in the administrative stage if the applicant does not object.
Interpretation is provided for meetings with the legal representative/legal advisor if needed (if the applicant does not speak English).
Video-conference systems or telephone services may be used for interpretation before the administrative court and the High Administrative Court. They are used in practice, if the situation so requires.
Same as before the administrative court.
Article 60 of the Law on International and Temporary Protection provides for the right to free legal aid. Other relevant national legislation includes:
Legal aid is provided at the decision of the administrative court, if the person does not have sufficient means (including goods of value). There is no merits test in place. The court also decides on the amount of costs for legal assistance.
Legal aid includes assistance in preparing the appeal and representation before the court.
Legal aid may be provided by attorneys or lawyers from associations registered for the provision of legal aid.
Article 60(5) of the Law on International and Temporary Protection provides that legal assistants must notify the Ministry of the Interior about the filing of a complaint with the administrative court and the date of delivery of the administrative court judgment, and failure to do so may lead to being removed from the list of legal aid providers.
Legal representation is not mandatory.
The provisions of the Law on free legal aid apply before the High Administrative Court. Legal aid is provided by administrative bodies, authorized associations, legal clinics and lawyers.
Legal representation is not mandatory before the High Administrative Court.
The court, ex officio or at the proposal of a party, invites an interested person to participate in the dispute (Article 20 Law on Administrative Disputes).
NGOs and UNHCR may ask to be present at the hearing, which is granted if the applicant consents.
There are no other specific parties involved in the asylum appeal procedure (e.g. Ombudsperson, NGOs, UNHCR, etc).
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