Movement and residence of foreigners and legal procedures against them in the Republic of Kosovo

On 03 December 2019, the Academy of Justice within the framework of CTP, in cooperation and with the support of the UNHCR-CRP / K Office, organized a training on: "Movement and residence of foreigners and their legal procedures against them in the Republic of Kosovo". The purpose of this training was to enhance the knowledge of judges regarding legal procedures conducted against foreigners in the Republic of Kosovo.

The first part of the training covered: Entry into the territory of Kosovo, residence of foreigners in the Republic of Kosovo and the legal procedure of detention and deportation of foreigners from the Republic of Kosovo according to the Law on Foreigners, as well as illegal residence; return and deportation of foreigners. Whereas the second part of the training dealt with international refugee law.

From the outset it was emphasized that the movement and residence of foreigners in the Republic of Kosovo is regulated by the Law on Foreigners, no.04 / L-219, as amended by the Law on Amending and Supplementing the Law on Foreigners no.06 / L -036. This law regulates the conditions of entry, movement, residence and employment of foreigners in the territory of the Republic of Kosovo. The provisions of this law are consistent with the rights, obligations and responsibilities of authorities and individuals under international law, including international humanitarian law and international human rights, in particular the 1951 Convention and the 1967 Protocol concerning the Status of Refugees, the principle of non-deportation and the right to seek asylum.

This training was dominated by issues related to the status and residence of foreigners, the legal procedure of their detention and deportation from the Republic of Kosovo based on the provisions of the Law on Foreigners. Taking into account that this law regulates the entry into the territory of Kosovo and the stay of foreigners in the Republic of Kosovo, the procedures related to these issues were covered at length from the perspective of judicial practice, including the provisions on integration of foreigners into Kosovo society.

These issues and dilemmas related to the status and residence of foreigners, the legal procedure of their detention and deportation from the Republic of Kosovo were dealt with in accordance with the provisions of the Law on Foreigners and their proper implementation by the competent authorities. The focus was also on the categorization, on the issue of against whom the provisions of the law on foreigners will be applied and to which category the law will not be applied.

During this training, the methods of partial theoretical explanation were used, based on the case law accompanied by exercises, interactive discussions, case study analysis, and the applicable international and national provisions and standards governing this area.

Beneficiaries of this training were judges of the Department of Administrative Affairs of the Basic Court of Prishtina, judges of the Court of Appeal of the Department of Administrative Affairs and professional associates, Border Police Department officials, DCAM-MIA, UNHCR and civil society officials. (KRTC and CRPK) and others.