Execution of Compulsive Deportation
A foreign person who resides in Montenegro illegally or fails to leave Montenegro within the specified deadline shall be compulsively deported by the Police.
The decision on the compulsive deportation shall be brought by the Police.
An appeal can be filed to the Ministry against the decision within eight days of receipt of the decision.
The enforcement of a decision shall not be postponed by an appeal.
Prohibition of Compulsive Deportation
No foreign person shall be compulsively deported to a country where his or her life or freedom may be threatened because of racial or religious belonging, his/her language or nationality, membership in a particular social group or for having a different political conviction or where he or she might be exposed to torture, inhuman or degrading treatment and punishment.
Detention of Foreigners
When so required for the reasons of ensuring a compulsory deportation, a foreign person may be detained at the premises of the Police, but not for a period longer than 12 hours.
The provisions of the law regulating police affairs shall accordingly apply to the detention of a foreigner.
Accommodation Facilities for Foreigners
The freedom of movement of a foreign person who could not be compulsively deported at once or whose identity was not established shall be limited by placing this person into a shelter for foreign persons (hereinafter referred to as “The Shelter”).
Exceptionally, another appropriate lodging shall be found for a foreign person in need of medical care or having other special needs.
A foreigner who has a provided accommodation and means of subsistence and cannot be forcibly removed may be required to have to stay in a particular place.
Deciding on the Stay at the Shelter
The Police shall issue a decision on accommodation at the Shelter.
An appeal against the decision may be lodged to the Ministry, within eight days from the date of receipt of the decision.
The appeal shall be decided upon by the Ministry, within eight days from receipt of the appeal.
The enforcement of a decision shall not be postponed by an appeal.
Duration of Stay at the Shelter
The stay at the Shelter shall not be longer than 90 days.
Following the expiration of the aforementioned time limit, foreign person may be placed at the Shelter for 90 days more if:
- The procedure for the establishing of identity or data collection is in progress;
- So required for security reasons;
- Intentionally interfering with forced removal.
The time spent by a foreigner outside the Shelter, serving a sentence of imprisonment or detention, shall not be included in the duration of his/her stay at the Shelter.
A foreigner whose identity was established can be granted to leave the Shelter, if not forcibly removed for the reasons prohibiting compulsive deportation.
Compliance with the Rules of Stay and Conduct at the Shelter
A foreigner shall observe the rules of stay and conduct at the Shelter and shall not leave the Shelter without permission. A foreign person who may be reasonably suspected of behaving in the future in a manner contrary to aforesaid shall be subject to an enhanced supervision. The rules of stay and conduct at the Shelter shall be prescribed by the Ministry.
Termination of Stay at the Shelter
The stay of a foreigner at the Shelter shall be terminated:
- Following the departure from Montenegro;
- when he/she applied for the grant of asylum in Montenegro;
- following the expiration of the determined period of accommodation;
- after determining the identity or gathering data of the foreigner, if that was the reason for accommodation at a shelter.
An Accommodation of Underage Person in the Shelter
An underage person shall be accommodated in the Shelter together with his or her parents, i.e. his/her legal representative, unless assessed that another type of accommodation is more favorable for him/her.
The measure of enhanced supervision at the Shelter may be ordered for an underage foreigner who has not turned 16 years of age yet, only if such a person is accompanied by his/her parents or another legal representative.
An underage person shall not be returned to the country of origin or a third country that is ready to accept such a person if this is contrary to the Convention relating to the Status of Refugees from 1967, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment including Protocol No 2 amending the Convention, and the Convention on the Rights of the Child.
Determination of Compulsory Stay at the Particular Place
The compulsory stay shall be established by the Police ex officio. The compulsory stay shall not be longer than six months.
Determination of the mandatory stay shall not relieve the foreigner of having to leave Montenegro. A foreigner for whom a compulsory stay in a particular place is determined shall be issued a special identification document that the foreigner is obliged to return before leaving Montenegro. The appearance and content of such special identification document of the foreigner who is required to stay shall be prescribed by the Ministry.
Restriction of Movement to a Particular Place of Residence
In the aforementioned case, a foreigner shall remain at a particular address and regularly report to the Police at his/her place of compulsive residence.
Termination of Compulsive Residence
The compulsive residence of a foreigner shall be terminated:
- Following his/her departure from Montenegro;
- Following the expiration of prescribed time limit;
- if he/she fails to report regularly to the Police in accordance with the law;
- if he/she is granted a refugee status, approved subsidiary or temporary protection in accordance with the regulations stipulating an asylum, or he/she has been issued a temporary residence permit, a temporary residence and work permit or a permit for permanent residence,
- if it is determined that he/she has neither accommodation nor funds of subsistence provided. A foreigner whose mandatory stay at a certain place has been terminated, and who failed to leave Montenegro, shall be forcibly removed or placed at the Shelter.
Special Categories of Foreigners
During the process of forced removal of a foreigner, special care shall be taken towards the underage foreigners, persons totally or partially incapacitated, children separated from parents, adoptive parents, guardians, foster parents, i.e. persons who were entrusted with the child care and education, persons with disabilities, elderly persons, pregnant women, single parents with underage children, as well as persons who have been exposed to torture, rape or other serious types of psychological, physical or sexual violence.
In the conduct of official actions affecting the foreigners, the Police shall act in compliance with the regulations and international treaties governing the accommodation of persons with special needs.
Seizure of Documents and Objects
For the purpose of ensuring the execution of a protected measure of deportation or in a course of accepting of a foreigner in the shelter, his/her foreign travel and other documents, travel tickets, objects and funds are temporarily taken away from a foreign person by the Police.
A confirmation document on the seizure of travel and other documents, travel tickets, objects and funds shall be issued to the foreigner.
Charge of the Costs
The costs of accommodation at the Shelter and those incurred during the forced removal shall be borne by the foreigner. The costs shall be covered by the funds seized as well as other assets owned by the foreigner. If the foreigner does not have the funds to reimburse the costs, the costs shall be compensated by:
- a physical or legal person who has committed to bear the costs of the stay of the foreigner;
- the carrier that failed to transport the foreigner in accordance to the law;
- The organizer of tourist or business trips;
- the employer who employed the foreigner contrary to this law.
The amount of costs of accommodation at the Shelter and those incurred during the forced removal shall be established by the Police with the decision enacted on the basis of the actually incurred expenses. The costs that cannot be charged in the aforementioned manner shall be settled from the budget of Montenegro.