Prohibition of asylum seekers and refugees in Albania

AuthorLisjana Çukaj
Vol. 2 No. 3
January, 2017
Balkan Journal of Interdisciplinary Research
IIPCCL Publishing, Tirana-Albania
ISSN 2410-759X
Acces online at
Prohibition of asylum seekers and refugees in Albania
PhD (C.) Lisjana Çukaj
Prohibition of asylum seekers is regarded as an exceptional measure, which used only in
certain circumstances. Detention should be implemented according to the legal procedures
clear and transparent.Prohibition is allowed as long as procedures are in process, if not
performed at the right time, the detention is not permissible.Albanian legislation provides
detention procedural deadlines, in order to avoid arbitrary detention. Detention of asylum
seekers and refugees ,must realized by the staT and personnel based on their specif‌i c needs.
Such as the prohibition of minors that is the last measure when there is no alternative.Albania
has not the necessary capacity referring to the number of refugees, also no social center for
unaccompanied minors. The practice of detention is diT erent in diT erent countries.OW en the
conditions of detention leads authorities to declare detention as arbitrary. Albanian legislation
provides that the detainee must be informed of all the rights that have during detention, and
must creating conditions for their implementation.
Keywords: the detention of asylum seekers and refugees , procedural guarantees ,rights
during detention.
The right to travel is a fundamental human right ,it is known and accepted in many
international instruments, and the domestic law of many countries.This right is
rooted in the history of mankind since the beginning of the modern state.
By changing the system Albania made many eT orts to adapt and implement
international standards in many areas, including the provision of international
protection and treatment of refugees.
Today it seems that Albania has become a destination of refugees who come from
countries where there is armed conf‌l ict, as Siria, Irani, Eritrea or and Ukraina, citizens
who have applied for asylum in our country. It is used as a transit country for refugees
on their way to the EU.
Albanian legislation provides refugees all the rights they should enjoy as social rights,
cultural,protection from eviction, the right to a fair trial, ets. Although it stipulates
more rights for refugees and asylum seekers, of the implementation of the numerous
def‌i ciencies especially with specif‌i c groups such as women and children. Detention of
refugees and asylum should be used only when other means are not coercive.
1. Prohibition of asylum seekers and refugees
Prohibition of asylum seekers should not be applied in a great majority, but only if
have a circumstances def‌i ned by law1. States should always apply the least restrictive
measures, they are obligated to pursue in good faith the decision making process,
1 Art 11 Law “For Asylum in the Republic of Albania” off‌i cial journal,No 121,18.09.2014.

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