Asylum is the right to residence and protection accorded to a foreigner to whom, on the basis of a decision of the competent authority who decided on his/her asylum application in the Republic of Serbia, refugee or another form of protection is granted in accordance with the Law on Asylum.

The asylum procedure is a procedure, governed by the Law on Asylum, for the acquisition and termination of the right on asylum and other rights of asylum seekers.

An asylum seeker is foreigner who has filed an application for asylum in the territory of the Republic of Serbia, on whose application a final decision has not been taken.

A refugee is a person who, on account of well-founded fear of persecution for reasons of race, sex, language, religion, nationality, membership of a particular social group or political opinions, is not in the country of his/her origin, and is unable or unwilling, owing to such fear, to avail him/herself of the protection of that country, as well as a stateless person who is outside the country of his/her previous habitual residence, and who is unable or unwilling, owing to such fear, to return to that country.

Refuge is the right to residence and protection granted to a refugee who is on the territory of the Republic of Serbia, with respect to whom the competent authority has determined that his/her fear of persecution in the country of origin is well-founded.

Subsidiary protection is a form of protection which Republic of Serbia grants to foreigner who would be subjected, if returned to the country of origin, to torture, inhumane or degrading treatment, or where his/her life, safety or freedom would be threatened by generalized violence caused by external aggression or internal armed conflicts or massive violation of human rights.

With respect to asylum applications and the cessation of the right to asylum, the competent organizational unit of the Ministry of the Interior (the Asylum Office) shall conduct the procedure and take all decisions in the first instance.

The Asylum Commission, which consists of the Chairman and eight members appointed by the Government for a four-year term, shall decide in the second instance on complaints lodged against the decisions taken by the Asylum Office.

Pending the adoption of the final decision on asylum applications, asylum seekers shall be provided with accommodation and basic living conditions at the Asylum Centers. Asylum centers are the part of the Commissariat for Refugees and Migration as special organizations, in accordance with the Law on State Administration and the Law on Civil Servants. The Government shall pass an act establishing one or more asylum centers.

Two asylum centers exist in the territory of the Republic of Serbia in Banja Koviljaca and Bogovadja.