What is Act No. 165 / 2006 Coll.?

Act No. 165 / 2006 Coll., amending Act No. 325 / 1999 Coll., on Asylum and amending Act No. 283 / 1991 Coll., on Police of the Czech Republic, as amended, (Act on Asylum), as amended, and certain other laws — Act amending Act No. 325 / 1999 Coll., on Asylum and amending Act No. 283 / 1991 Coll., on the Police of the Czech Republic, as amended, (Act on Asylum), as amended, and certain other laws.

When it became Act No. 165 / 2006 Coll. effectiveness?

Act No. 165 / 2006 Coll. became effective 01.09.2006.

Is Act No. 165 / 2006 Coll. still valid?

Yes, Act No. 165 / 2006 Coll. is still valid and effective.

Act No. 165 / 2006 Coll. - Act amending Act No. 325 / 1999 Coll., o...

165

THE LAW

of 16 March 2006

amending Act No. 325 / 1999 Coll., on Asylum and amending Act No. 283 / 1991 Coll., on the Police of the Czech Republic, as amended, (Act on Asylum), as amended, and certain other laws

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

Amendment of the Asylum Act

Čl. I

Act No. 325 / 1999 Coll., on Asylum and Amendment to Act No. 283 / 1991 Coll., on Police of the Czech Republic, as amended, (Act on Asylum), as amended, Act No. 2 / 2002 Coll., Act No. 217 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 519 / 2002 Coll., Act No. 222 / 2003 Coll., Act No. 501 / 2004 Coll., Act No. 539 / 2004 Coll., Act No. 559 / 2004 Coll., Act No. 57 / 2005 Coll., Act No. 350 / 2005 Coll., and Act No. 444 / 2005 Coll., is amended as follows:

1. The heading of Part One reads "INTERNATIONAL PROTECTION."

2. in Article 1 (a) to (c), including footnote 1, the following shall be added:

"(a) the conditions of entry and residence of a stranger who intends to apply to the Czech Republic for international protection in the form of asylum or supplementary protection in the territory of the Czech Republic (hereinafter referred to as" the territory ") and the residence of an asylum seeker or persons enjoying supplementary protection in the territory of the territory (1);

(b) procedures for granting international protection in the form of asylum or supplementary protection and procedures for withdrawing asylum or supplementary protection;

(c) the rights and obligations of the applicant for international protection, the asylum seeker and the beneficiary of supplementary protection in the territory;

1) Council Directive 2004 / 83 / EC of 29 April 2004 on minimum standards to be met by third-country nationals or stateless persons in order to apply for the status of refugee or person in need of international protection for other reasons and for the content of the protection granted. "

footnote 1 shall be renumbered footnote 1a, including the footnote references.

3. In Paragraph 2 (2), the second sentence is deleted.

4. In Article 2, the following paragraph 3 is inserted after paragraph 2:

"(3) Applications for international protection shall mean requests made by a stranger who can be expected to seek asylum or supplementary protection in the Czech Republic. '.

Paragraphs 3 to 9 shall be renumbered paragraphs 4 to 10.

5. Paragraph 2 (4), including footnote 1b, reads:

"(4) For the purposes of this Act, an applicant for international protection shall mean a stranger who has applied for international protection or a stranger who has submitted an application for international protection in another Member State of the European Union, if the Czech Republic is responsible for its assessment. The status of the applicant shall, for the duration of the procedure for granting international protection and for the duration of the legal proceedings for an action against a decision of the Ministry under special legislation (1b), be suspended if such action has suspensory effect.

(1b) Section 1 of Title II of Part Three of Act No. 150 / 2002 Coll., Administrative Rules. '

Footnotes 1b and 1c to date are renumbered as footnotes 1c and 1d, including footnote references.

6. In Article 2, the following paragraph 6 is inserted after paragraph 5:

"(6) A person enjoying additional protection shall mean an alien who does not fulfil the grounds for granting asylum under this Act but has been granted additional protection for the duration of the decision granting supplementary protection. ';

Paragraphs 6 to 10 shall become paragraphs 7 to 11.

7. Paragraph 2 (7) reads as follows:

"(7) For the purposes of this Act, serious violations of human rights, as well as measures acting on a psychological basis or other similar acts, shall be regarded as persecution if they are carried out, supported or suffered by State authorities, parties or organisations controlling the State or a substantial part of its territory in the State of which the alien is a citizen or the State of the last permanent residence in the case of a person without citizenship. The conduct of private persons under the first sentence shall also be considered as persecution if it can be demonstrated that the State, parties or organisations, including international organisations, controlling the State or a substantial part of its territory are unable to adequately ensure protection against such conduct. ';

8. Paragraph 2 (11) reads as follows:

"(11) For the purposes of this Act, a decision of the Ministry on international protection shall mean a decision on granting asylum or supplementary protection, a decision not to grant international protection, a decision terminating proceedings, a decision rejecting an application for international protection as manifestly unjustified and a decision withdrawing asylum or supplementary protection. ';

9. The heading of Title II reads as follows: "DECLARATION OF INTENSION OF THE APPLICATION FOR INTERNATIONAL PROTECTION, VISUAL AND TRANSPORT OF A STRANGER TO THE AZYL EQUIPMENT."

10. In the title above Article 3, the words "asylum 'are replaced by the words" international protection'.

11. in Paragraph 3 (1), the words "for asylum (hereinafter referred to as" the declaration of asylum ")" shall be replaced by the words "for international protection (hereinafter referred to as" the declaration of international protection ")."

12. In Article 3, at the end of the text of paragraph 1, the words "or before serious injury is imminent 'shall be added.

13. in Paragraph 3 (2), the words "Declaration of asylum" are replaced by the words "Declaration of international protection."

14. in § 3a, § 3b (1), § 3c (1), § 3d (1), § 3e (1), § 3f, 3g, § 4 (1), § 4a (1), § 4c, § 10 (2) and (5), § 40, § 57 (1), § 71 (1) (a), § 73 (1), § 87 (5) and § 93 (1) (a), the words "declaration of asylum" shall be replaced by "declaration of international protection."

15. In § 3b (1), § 3c (1), § 3e (4), § 3f, 4b, § 8 (b), § 10, 10a, 10b, 10c, 12, § 13 (1), § 14, 15, 16, § 20 (1) (a), § 23, 23b, 24, § 24a (2), § 25, 31a, § 32, 33, § 34 (2), § 41, 42, 42a, 43, 45, 46, 47, 48, 49, 49a, § 50a (1), § 54 (1) (a), § 54 (56, § 56a (2), § 56b, 57, 58, § 71 (1), § 72, § 73 (2), § 77, § 79, § 80 (4), § 81 (2), § 85 (2), § 85b (2), § 8b), § 88 (8), § 88 (1), § 88 (2), § 89 (1), § 89 (1), § 1), § 1), § 89, §

16. The heading of Title III shall read: "INTERNATIONAL PROTECTION PROCEDURE."

17. in Article 8 (a), the words "granting and withdrawing asylum" shall be replaced by the words "granting international protection and the withdrawal or supplementary protection procedure";

18. In Article 9, the words "granting or withdrawing asylum 'are replaced by the words" granting international protection and the withdrawal or supplementary protection procedure'.

19. In the third sentence of Paragraph 10 (3), "or (g) 'is replaced by" or (h)'.

20. In Article 10, at the end of paragraph 3, the sentence "The two-year period shall not apply to the submission of an application for international protection by a foreigner for whom it has been decided in an administrative expulsion procedure under a special legislature4) that his departure from the territory is not possible."

21. In Section 10a, "granting asylum 'is replaced by" granting international protection'.

22. In Section 10b, "granting asylum 'is replaced by" granting international protection'.

23. In Section 10c, "granting asylum 'is replaced by" granting international protection'.

24. In Article 11, the words "or additional protection 'shall be inserted after the words" withdrawal of asylum'.

25. in Article 12 (b), the word "gender" shall be inserted after the word "race."

26. in Article 13 (2) (d), "§ 2 (9)" is replaced by "§ 2 (10)."

27. The following Sections 14a and 14b are inserted after Section 14, including the headings:

"Reasons for granting additional protection

§ 14a

(1) Supplementary protection shall be granted to a stranger who does not meet the grounds for granting asylum if it is found in the procedure for granting international protection that, in its case, there is reasonable concern that if a stranger is returned to a State of which he is a national citizen or if he is a stateless person, to a State of his last permanent residence, he would be in danger of serious harm under paragraph 2 and that he cannot or is not willing to benefit from the protection of the State of which he is a national citizen or his last permanent residence because of such danger.

(2) Under this law, serious damage is considered to be

(a) the imposition or execution of the death penalty;

(b) torture or inhuman or degrading treatment or punishment of applicants for international protection;

(c) serious threats to life or human dignity due to arbitrary violence in situations of international or internal armed conflict; or

(d) if travelling abroad would be contrary to the international obligations of the Czech Republic.

§ 14b

Additional protection for family reunification

(1) A family member of a beneficiary of supplementary protection shall be granted additional protection for the purposes of family reunification in case of special consideration, even if the procedure for granting international protection does not reveal a reason for granting it.

(2) A family member shall be:

(a) the spouse of the beneficiary of the supplementary protection;

(b) a free child of a beneficiary of supplementary protection under 18 years of age;

(c) the parent of a beneficiary of supplementary protection who is under 18 years of age; or

(d) an adult responsible for an unaccompanied minor pursuant to Article 2 (10).

(3) The condition for granting supplementary protection for the purpose of merging the family of the spouse of the beneficiary of the supplementary protection is the duration of the marriage before the grant of supplementary protection to a stranger.

(4) In the case of a polygamous marriage, if a person already enjoying the supplementary protection of a husband living with him in the Czech Republic, supplementary protection may not be granted for the purpose of merging a family to another person who, under the law of another State, is a spouse of a person enjoying additional protection. "

28. In the heading above Article 15, the words "granting asylum 'are replaced by the words" granting international protection'.

29. In the introductory part of Section 15, the words "or 13 'shall be inserted after the words" in Section 12'.

30. In Paragraph 15 (c), the words "guilty of acts" are replaced by the words "committed acts."

31. In Paragraph 15, the current text becomes paragraph 1 and the following paragraphs 2 and 3 are added:

"(2) A stranger who encourages or participates in the commission of acts referred to in paragraph 1 shall be subject to paragraph 1 mutatis mutandis.

(3) Asylum may no longer be granted if:

(a) the alien enjoys protection or support from other United Nations bodies or professional organisations than the Office of the High Commissioner; If, for any reason, protection or support is not further granted to persons whose status is not finally decided in accordance with the provisions of the relevant decisions of the United Nations General Assembly, the provisions of this Law shall apply to it,

(b) the alien is recognised by the competent authorities of the country in which he has established himself as having his permanent residence as having been granted rights and obligations equivalent to nationality to that State; This does not apply if there is a state in which he is threatened with persecution under § 12. '

32. The following Section 15a is inserted after Section 15:

„§ 15a

(1) Supplementary protection under § 14a or 14b may not be granted even if the grounds set out in § 14a are established, but it is reasonable to suspect that an alien who has submitted an application for international protection,

(a) has committed a crime against peace, war or humanity within the meaning of international documents containing provisions on such offences;

(b) has committed a particularly serious offence;

(c) has committed acts contrary to the principles and objectives of the United Nations; or

(d) presents a danger to the security of the State.

(2) A stranger who encourages or participates in the commission of acts referred to in paragraph 1 shall be subject to paragraph 1 mutatis mutandis.

(3) In addition, it shall not be possible to grant additional protection to a stranger who has committed one or more offences other than those referred to in paragraph 1 outside the territory if he has left the State of which he is a national citizen or, in the case of a person without citizenship, the State of his last permanent residence only in order to avoid prosecution for them, provided that they are acts for which imprisonment may be imposed in the Czech Republic. '

33.In Article 16 (1) (f) and (g), "Article 12" is replaced by "Article 12 or 14a."

34. in Article 16 (1) (i), the word "could" shall be replaced by "may" and the words "part of the State" shall be inserted after the words "taking into account the personal situation of the applicant for international protection."

35. The heading above Paragraph 17 reads: "Reasons for withdrawal and termination of asylum or supplementary protection."

36. In Article 17 (1), at the end of point (f), the word "or 'is deleted; at the end of point (g), the dot is replaced by a comma and the following points (h) to (j) are added:

"(h) the asylum seeker should have been or is excluded from the possibility of granting asylum for the reasons set out in Article 15;

(i) there are reasonable grounds to consider an asylum seeker as a danger to the security of the State; or

(j) the asylum seeker has been convicted of a particularly serious offence and thus constitutes a danger to the security of the State. "

37. In Article 17, the following paragraph 2 is inserted after paragraph 1:

"(2) In assessing the grounds referred to in points (f) and (g) of paragraph 1, account shall be taken of whether the change in circumstances is of such a significant and lasting nature that the reasons for which asylum has been granted to the asylum seeker cannot be considered justified. ';

Paragraphs 2 and 3 shall become paragraphs 3 and 4.

38. In Article 17, the following paragraph 5 is added:

"(5) Where an asylum seeker who has been granted asylum for the purpose of reunification of a family should have been or is excluded from the possibility of granting asylum for the reasons set out in paragraph 15, or has been convicted of a particularly serious offence and thus constitutes a danger to the security of the State, asylum shall be withdrawn. ';

39. The following Section 17a is inserted after Section 17:

„§ 17a

(1) Additional protection granted under Paragraph 14a shall be withdrawn if:

(a) circumstances which have led to the granting of additional protection have ceased to exist or have changed to the extent that additional protection is no longer needed;

(b) the beneficiary of the supplementary protection should have been or is excluded from the possibility of granting supplementary protection for the reasons set out in Article 15a; or

(c) the incorrect indication or omission of certain facts, including the use of falsified or amended documents, was decisive for granting supplementary protection.

(2) In assessing the grounds referred to in paragraph 1, the Ministry shall take into account whether the change in circumstances is of such a significant and lasting nature that a person entitled to supplementary protection no longer threatens to suffer serious harm.

(3) If the reason for which additional protection has been granted for the purpose of reunification of the family is lost and no other reasonable reason for its retention is found, the additional protection for the purpose of reunification of the family shall be withdrawn.

(4) Where a beneficiary of supplementary protection for the purposes of family reunification should have been or is excluded from the possibility of granting supplementary protection for the reasons set out in Paragraph 15a, the additional protection shall be withdrawn. ';

40. Paragraph 18, including footnote 6, reads as follows:

„§ 18

International protection ceases

(a) the death of an asylum seeker or a person enjoying additional protection or a declaration of an asylum seeker or a person enjoying additional protection for a dead person;

(b) by granting citizenship of the Czech Republic (6) to an asylum seeker,

(c) a written declaration by an asylum seeker or a person enjoying additional protection of surrender or supplementary protection; or

(d) the expiry of the period of authorisation to reside in the territory of the beneficiary (Section 53a).

6) Act No. 40 / 1993 Coll., on the acquisition and renunciation of citizenship of the Czech Republic, as amended. '

41. In Sections 19 (1), 20 (2), 31a, 32 (1) and (5), 34 (1), 58 (1) (d), 72 (2) and 81a (2), "in the case of asylum" is replaced by "in the case of international protection."

42. in Article 20 (1), the word "or" shall be deleted at the end of point (a), the dot shall be replaced by "or" and the following point (c) shall be added:

"(c) a beneficiary of additional protection with which a procedure for the withdrawal of additional protection has been initiated.";

43. In Articles 21 (1) and 22 (1), the words "granting asylum" shall be deleted.

44. In Section 24, "granting asylum 'is replaced by" granting international protection'.

45. In the fourth sentence of Article 24 (2), "asylum procedures' is replaced by" international protection procedures'.

46.

„§ 28

(1) International protection shall be granted in the form of asylum or supplementary protection; if the Ministry finds in its decision that the grounds for granting asylum under § 12, 13 or 14 are fulfilled, it shall give asylum priority.

(2) If the Ministry finds no grounds for granting any form of international protection, it will justify its decision in relation to both forms of international protection.

(3) Where a decision on the withdrawal of asylum is taken, the Ministry shall indicate in the decision whether the aliens are granted additional protection. ';

47. In the heading above Section 31a, the words "in asylum matters' are replaced by the words" in international protection '.

48. In Title IV, "asylum 'is replaced by" international protection';

49. In Paragraph 37 (3), the words "asylum areas' are replaced by the words" international protection areas'.

50. In Title VII of Part 1, the words "granting asylum 'are replaced by the words" granting international protection'.

51. in Articles 41 (2) (a) and 56a (2), "non-asylum" shall be replaced by "non-international protection."

52. In the heading above Paragraph 45, the words "granting asylum 'are replaced by the words" granting international protection'.

53. In Paragraph 46 (7), the word "permanent 'is inserted after the word" permit to'.

54. In Article 50a (2), the words "in the mother tongue or in the language in which he is able to communicate shall be inserted after the words" learn. "

55. in Title VII, the following Part 3 is inserted after Part 2:

„Díl 3

Rights and obligations of persons enjoying supplementary protection

§ 53a

(1) The Ministry shall grant a residence permit to the beneficiary of the additional protection in the territory for a period of time for which he is threatened with serious damage under Section 14a, but for at least 1 year, and shall issue a residence permit for that period, the formalities of which are provided for in Section 60a. If the reasons for which the additional protection has been granted or if the reasons referred to in Paragraph 17a are not present, the Ministry shall, at the request of the beneficiary of the supplementary protection lodged no later than 30 days before the expiry of the period for which the supplementary protection is granted, extend it repeatedly by at least 1 year; at the same time the period of validity of the licence shall be extended by the holder of the supplementary protection. If the Ministry does not decide on the application during the period of validity of the authorisation to reside in the territory, the authorisation to reside in the territory shall be extended until the date on which the decision of the Ministry on the application becomes final. If the lodging of an application within the prescribed time limit prevents reasons from being made available by an independent stranger, he shall be entitled to submit such request within 3 working days of the expiry of those reasons.

(2) The Ministry shall inform the beneficiary of the supplementary protection in writing in the mother tongue or in the language in which it is able to communicate its rights and obligations no later than 3 days after the date on which the decision granting the supplementary protection becomes final.

§ 53b

The beneficiary of the supplementary protection shall:

(a) notify the Ministry of the facts relevant to the maintenance of additional protection;

(b) protect the residence permit of the beneficiary of supplementary protection and the travel document from damage, destruction, loss, theft or abuse; in the event of such circumstances, it shall immediately notify the police,

(c) a certificate of residence of the beneficiary of supplementary protection to prove his identity or other facts entered in the licence by law;

(d) surrender the residence permit of the beneficiary of the supplementary protection and the travel document to the police in the event of withdrawal or termination of the supplementary protection. In the event of the termination of the supplementary protection for the reason set out in Paragraph 18 (a), the obligation shall be that for whom the beneficiary of the supplementary protection has passed the licence or whoever has found it,

(e) surrender an invalid document issued under this law to the police,

(f) to notify the police of stay outside the territory for more than 365 days;

(g) to comply with the identification acts provided for in Paragraph 47, provided that there are legal grounds for withdrawing supplementary protection.

§ 53c

The beneficiary of supplementary protection shall be considered to be a permanent resident in the territory for the purposes of providing health care. ';

Part 3 is renumbered as Part 4.

56. In Section 56, the words ", residence permit of the beneficiary of supplementary protection 'shall be inserted after the word" asylum seeker'.

57. The title of Title VIII reads as follows: "TRANSIT OF THE APPLICANT FOR THE GRANTING OF INTERNATIONAL PROTECTION, PARTICIPATION FOR THE STAY OF AZYLANT, TRANSPORT OF AUTHORIZATION FOR THE STAY OF PERSONS NOT APPLICABLE TO ADDITIONAL PROTECTION, TRAVEL DOCUMENTS '.

58. In Title VIII of Part 1, the words "granting asylum 'are replaced by the words" granting international protection'.

59. In Section 58, the words "granting asylum 'are replaced by the words" granting international protection'.

60. In Article 58, paragraph 3 is added, including footnote 9d:

"(3) Where the licence holder is present and fully recognises the reasons for the invalidity of the applicant for international protection, the status of the case referred to in paragraph 2 shall be deemed to have been established and the competent authority responsible for issuing the licence shall issue a local9d). The justification of the order shall be replaced by a signed declaration by the licence holder that it agrees to the decision on the invalidity of the licence. By signing the declaration, the order becomes a final and enforceable decision. The licence holder shall be informed in advance of this fact.

9d) § 150 of the Administrative Code. '

61.In Paragraph 59 (2), the word "police" is replaced by the word "Ministry."

62. In Paragraph 59 (4), the words "the police department responsible for the asylum authority's whereabouts' are replaced by" the Ministry '.

63. In Article 60, the following paragraph 3 is added:

"(3) If the holder of the licence is present and fully recognises the reasons for the invalidity of the residence permit, the status of the case referred to in paragraph 2 shall be deemed to have been established and the competent authority responsible for issuing the licence shall issue an order in place 9d). The justification of the order shall be replaced by a signed declaration by the licence holder that it agrees to the decision on the invalidity of the licence. By signing the declaration, the order becomes a final and enforceable decision. The holder of the licence shall be informed in advance of this fact. ';

64. in Title VIII, the following Part 3 is inserted after Part 2:

„Díl 3

Certificate of residence of the beneficiary of supplementary protection

§ 60a

(1) The certificate of residence of the beneficiary of the supplementary protection is a public document proving his name and surname, date and place of birth, status, nationality, birth number, details of the grant of the supplementary protection and the place of stay declared in the territory.

(2) The certificate of residence of the beneficiary of the supplementary protection shall include, at the request of the beneficiary of the supplementary protection, details of his children under 15 years of age in the scope of the name, surname, date of birth and place of residence in the territory.

(3) The residence permit shall be issued by the person receiving the supplementary protection, the entries made and extended by the Ministry.

§ 60b

Invalidity of a licence for residence of a person enjoying supplementary protection

(1) The residence permit of the beneficiary of the supplementary protection is invalid if:

(a) there is a reason referred to in Paragraph 58 (1),

(b) the decision to withdraw supplementary protection has become final; or

(c) the additional protection for the reason set out in Paragraph 18 (c) or (d) has ceased to exist.

(2) The validity of the licence shall be decided by the authority competent to issue the residence permit of the beneficiary of the supplementary protection if:

(a) its holder has substantially changed his form;

Citation	Act No. 165 / 2006 Coll., amending Act No. 325 / 1999 Coll., on Asylum and amending Act No. 283 / 1991 Coll., on Police of the Czech Republic, as amended, (Act on Asylum), as amended, and certain other laws
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	28.04.2006
Effective from	01.09.2006
Effective until	-
Status	Valid

Act No. 165 / 2006 Coll.

Act amending Act No. 325 / 1999 Coll., on Asylum and amending Act No. 283 / 1991 Coll., on the Police of the Czech Republic, as amended, (Act on Asylum), as amended, and certain other laws

Contents

ČÁST PRVNÍ

Čl. I

§ 14a

§ 14b

„§ 15a

„§ 17a

„§ 18

„§ 28

„Díl 3

§ 53a

§ 53b

§ 53c

„Díl 3

§ 60a

§ 60b

Contents

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