Key Messages
- An invocation of national security cannot serve as a basis for the automatic and unreasoned denial of international protection.
- The asylum seeker must at least be informed of the essence of the grounds on which the decision is based, so that they have a real opportunity to contest it.
- The competent authority cannot substitute its own fact-finding by relying on the opinion of a security service.
- The prohibition of refoulement must be examined separately in each case and remains absolute where there is a risk of torture or inhuman treatment.
About the Publication
The handbook “National Security and the Asylum Procedure,” authored by Sara Lunić and Marko Milanović, addresses one of the most complex issues in the field of international protection: how national-security grounds are used in asylum proceedings and the limits of such decision-making in light of human rights and procedural safeguards. The publication was issued in February 2026 by the Center for Research and Social Development IDEAS.
The publication is intended for legal representatives, lawyers, and organisations providing legal assistance in asylum cases — particularly in cases where decisions are based on adverse security assessments. The focus is on issues that are decisive for the lawfulness of such decisions: whether the essence of the grounds was communicated to the party concerned, whether the authority independently established the relevant facts, and whether it separately examined the prohibition of refoulement.
What the Publication Contains
The handbook provides an overview of international and European standards, the national legal framework, and key procedural issues in cases involving a security element. Particular attention is paid to the authority’s obligation to establish facts independently, and to the need to separate the decision on protection status from the assessment of non-refoulement.
In addition to the legal analysis, the publication contains practical guidance on representation: from the initial case analysis and the structure of submissions, through appeals to the Asylum Commission and complaints to the Administrative Court, to constitutional complaints and applications to the European Court of Human Rights. The handbook also includes checklists by stage of the procedure, as well as an overview of the key international and European case law relevant to these cases.
Who the Publication Is For
The publication is primarily intended for professionals who represent asylum seekers in complex cases, but it may also be useful for a broader professional audience tracking the application of human-rights standards, administrative practice, and the prohibition of refoulement in the domestic and European context.
How to Use the Handbook
The handbook is designed as a working tool. It can be used for quick orientation in the legal framework, the preparation of submissions and grounds of appeal, the verification of procedural steps that should not be missed at any stage, and the identification of relevant judicial and other practice in cases where the State invokes national security.
How to Cite
Sara Lunić i Marko Milanović, Nacionalna bezbednost i postupak azila: Priručnik za pravne zastupnike, Centar za istraživanje i razvoj društva IDEAS, 2026, [https://ideje.rs/nacionalna-bezbednost-i-postupak-azila-prirucnik-za-pravne-zastupnike/],
