Act No. 2 / 2002 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) and certain other laws
Valid
Effective from 01.02.2002
Contents
ČÁST PRVNÍ
Čl. I
„HLAVA II
§ 3
§ 3a
§ 3b
§ 3c
§ 3d
§ 3e
§ 3f
§ 3g
§ 4
§ 4a
§ 4b
㤠9
㤠10
㤠13
㤠14
㤠16
㤠24
㤠24a
§ 31a
„HLAVA IV
§ 32
§ 33
§ 33a
§ 33b
㤠34
㤠41
㤠49a
㤠54
㤠54a
㤠56a
§ 56b
㤠58
㤠60
㤠64
㤠65a
㤠71a
㤠73
§ 77
§ 78
㤠78a
㤠82
㤠84
㤠85a
㤠88
㤠88a
㤠91a
㤠93a
Čl. II
ČÁST TŘETÍ
Čl. V
ČÁST ČTVRTÁ
Čl. VI
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2
THE LAW
of 27 November 2001
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) and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Asylum Act
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) is amended as follows:
1. In Article 1 (c), the words "the parties to the asylum procedure or the withdrawal of asylum and asylum seekers' are replaced by the words" the applicant for asylum and asylum applications';
2. In Article 2 (2), the designation (a) is deleted, the comma after the word "§ 91 'is replaced by a dot and the words" or' and point (b) are deleted.
3. In Part One, Title II, including the title and footnotes 2), 3) and 4) shall read as follows:
DECLARATION OF THE INTENTION OF ASYLUM ASYL, ACCESSION VISIT AND TRANSPORT OF STRANGER TO THE ASYLUM EQUIPMENT
Declaration of intention to apply for asylum
(1) A declaration of intent to apply for asylum (hereinafter referred to as the "declaration of asylum") means a manifestation of the will of a stranger, from which it is clear that a stranger seeks protection from persecution in the Czech Republic.
(2) A declaration of asylum may be made in writing or orally into the Protocol.
The alien is entitled to make a declaration of asylum
(a) Police
1. border crossing, 2)
2. at the reception centre,
3. to the Department of Foreign and Border Police, provided that he has volunteered; or
4. in a foreign detention facility, 3); or
(b) to the Ministry where he is hospitalised in a medical institution or carries out detention or imprisonment.
(1) The right of a foreigner to make a declaration of asylum in a detention centre (3) expires 7 days after the police have been informed of the possibility of requesting asylum in the territory and the consequences of the expiry of that period.
(2) The police inform a stranger in the language in which he is able to communicate. The police will take a record of this operation, signed by a stranger and the person who made the record. If an alien refuses to sign or cannot write, this shall be recorded.
(1) For the purposes of providing health care (§ 88) and free provision of accommodation, food and other services (§ 42 (1) (a)), a stranger who has made a declaration of asylum is treated as an asylum seeker (§ 42 (1) (a)).
(a) for as long as he is entitled to stay in the territory on the basis of an entry visa;
(b) for a period of 5 days from the time of the declaration of asylum in cases where the entry visa is not issued to him;
(c) from the time of the declaration of asylum made in the course of the hospitalisation or execution of the detention or imprisonment until he is obliged to attend the reception centre.
(2) For the period referred to in paragraph 1, the stay of the alien in the territory may not be terminated by official decision.
Entry visa
(1) The entry visa shall be issued to a stranger who has made a declaration of asylum at the border crossing point, at the reception centre or at the Foreign and Border Police Department and has proved his identity by means of a travel document or certified it by an honest declaration.
(2) The entry visa is issued by the police.
(3) The entry visa shall be valid for 30 days from the date of its issue.
(4) The entry visa shall be valid for the period indicated therein.
(1) A foreign national who has made a declaration of asylum at the border crossing point or at the Department of Foreign and Border Police shall be granted an entry visa authorising residence in the territory for the period necessary to arrive at the reception centre designated by the Ministry.
(2) The period of stay shall be deemed to have elapsed for the duration of the obstacle to the will of an independent stranger, preventing his arrival at the reception centre.
(3) The stranger is obliged
(a) the obstacle to notify the police or the Ministry without undue delay;
(b) arrive at the reception centre within 24 hours of the end of the obstacle.
(4) Upon arrival at the reception centre, the police will extend the stay on the entry visa until the date fixed by the Ministry of Asylum (Section 10).
A foreign person who has made a declaration of asylum at the reception centre shall be granted an entry visa authorising residence in the territory until the date fixed by the Ministry of Asylum Application (Section 10).
An entry visa may not be issued if an alien:
(a) is entitled to reside in the territory on the basis of a residence permit under a special legislation at the time of the declaration of asylum, 4); or
(b) make a declaration of asylum in the transit area of an international airport.
Transport Aliens to asylum facility
(1) The police will transport a foreigner who has made a declaration of asylum at the border crossing point or at the Foreign and Border Police Department to a reception centre designated by the Ministry, if the state of health of the alien so requires, or if there is a reasonable concern that he will not be present at the reception centre within the prescribed time.
(2) The costs of transporting aliens are borne by the Ministry.
(1) Cizinec, který učinil prohlášení o azylu, je povinen dopravit se do přijímacího střediska určeného ministerstvem ve lhůtě 24 hodin od okamžiku, kdy byl propuštěn z hospitalizace, výkonu vazby nebo výkonu trestu odnětí svobody; § 4 odst. 1 zde platí obdobně.
(2) Lhůta podle odstavce 1 neběží po dobu, kdy splnění povinnosti zabrání překážka na vůli cizince nezávislá.
(3) Cizinec je povinen
a) překážku bez zbytečného odkladu oznámit policii nebo ministerstvu,
b) dopravit se do přijímacího střediska do 24 hodin po odpadnutí překážky.
Žadatele o udělení azylu, který byl propuštěn ze zařízení pro zajištění cizinců, dopraví ministerstvo do jím určeného azylového zařízení.
2) § 3 odst. 2 zákona č. 326/1999 Sb., o pobytu cizinců na území České republiky a o změně některých zákonů.
3) § 130 až 151 zákona č. 326/1999 Sb.
4) Act No. 326 / 1999 Coll. '.
4. Sections 5 to 7 are deleted.
5. The heading above Section 8 is deleted.
6.
Section 1 of Part Four of the Administrative Regulation shall not apply to the procedure for granting or withdrawing asylum. ';
7. Article 10, including the title, reads:
Initiation
(1) The procedure for granting asylum shall be initiated by applying for asylum on the form set out in Annex 1.
(2) The application for asylum shall be lodged by the alien who made the asylum declaration.
(3) A stranger who has already applied for asylum in the Czech Republic is entitled to apply for asylum at least 2 years after the final conclusion of the previous procedure. Where an alien has requested a judicial review of an administrative decision, the date on which the judicial decision is acquired shall be considered as the beginning of a two-year period.
(4) In the case of special consideration, the Ministry may waive the period laid down in paragraph 3.
(5) The Ministry shall without undue delay invite the alien to apply for asylum; specify the place and time limit for the submission of the request in the invitation. ';
8. In Section 11, the words "or, on a proposal from an asylum seeker 'are deleted.
9. In Section 12, the word "Ministry 'is replaced by" se';
10.
Asylum for family reunification
(1) In the case of special consideration, asylum shall be granted to a family member who has been granted asylum pursuant to § 12 or § 14 for the purpose of reunification of the family, even if in his case no grounds for asylum under § 12 will be established.
(2) A family member shall be:
(a) the spouse of the asylum seeker;
(b) a single child of an asylum seeker under the age of 18; or
(c) the parent of an asylum seeker under the age of 18.
(3) The term of marriage before asylum is granted to an asylum seeker shall be the precondition for granting asylum to a family member. '
11.
Humanitarian asylum
Where no reason for granting asylum pursuant to Paragraph 12 is found in the asylum procedure, asylum may be granted for humanitarian reasons where appropriate. '
12. In the introductory sentence of Article 15, the words "application for initiation 'are replaced by the words" application'.
13. in Article 15 (b), the words "the application to initiate the procedure" shall be replaced by "the applications."
14.
(1) An application for asylum shall be rejected as manifestly unfounded if the applicant:
(a) state only economic reasons;
(b) without any serious reason, it provides incorrect information on its identity or citizenship or refuses to provide such information;
(c) requests asylum only to escape a general emergency situation;
(d) in a repeated application for asylum, it shall indicate, in principle, the same facts as or similar to those of the previous application, or other facts which, however, were or had to be known to it at the time of the previous application for asylum;
(e) comes from a State which the Czech Republic considers to be the third safe country or safe country of origin, unless it is established that, in its case, that State cannot be regarded as such,
(f) has more than 1 citizenship and has not benefited from the protection of one of the States whose citizenship it has, unless it proves that, for the reasons set out in Article 12, it could not have benefited from such protection,
(g) does not indicate the fact that he could be subjected to persecution for the reasons set out in § 12;
(h) presents the facts manifestly unreliable;
(i) may have found effective protection in another part of the State whose citizenship he or she is a non-national, in another part of the State of his last residence, where the fear of persecution appears to apply only to a part of the State;
(j) in order to make it difficult to establish the facts of the case, destroy, damage or conceal his travel document or other relevant document or, to that end, submit a forged or altered travel document or other relevant document; or
(k) apply for asylum in order to avoid imminent expulsion or extradition for criminal prosecution abroad, although he may have applied for asylum earlier.
(2) A decision to reject an application for its apparent unfounded status may be taken no later than 30 days after the date of the initiation of the asylum procedure.
(3) If the applicant is not eligible for legal action (§ 92) and is not accompanied by a legal representative, the application may not be rejected as manifestly unfounded. '
15. in the introductory sentence of Article 17 (1), the word "Ministry" shall be replaced by the words "granted for reasons under Article 12,"
16. in Article 17 (1), point (b) is deleted;
Points (c) to (h) shall be renumbered (b) to (g).
17. in Article 17 (1), the word "or" shall be added at the end of point (f).
18. in Article 17 (2) and (3):
"(2) If the reason for which asylum has been granted for the purpose of reunification of the family is lost and there is no other clear reason for its retention, the asylum for reunification of the family shall be withdrawn.
(3) If the reason for which humanitarian asylum has been granted is lost and no other reasonable reason for its retention is found, humanitarian asylum will be withdrawn. "
19. in Paragraph 18, the word "or" shall be added at the end of point (b).
20. in Paragraph 18, at the end of point (c), the word 'or' is replaced by a dot and point (d) is deleted;
21. in Paragraph 19 (1), the word "extradition" shall be inserted after the word "pro" and the words "grant" shall be replaced by "in the case."
22. in Paragraph 19 (2):
"(2) The Ministry shall inform the party concerned of its duty to ensure the protection of personal data. ';
23. in Article 20 (1) (a) and (b):
"(a) an asylum seeker; or
(b) an asylum seeker with whom a withdrawal procedure has been initiated. "
24. In Paragraph 20 (2), the words "certified signature of that tenderer 'shall be replaced by the words" if no mandate is granted to a lawyer, the signature of that tenderer shall be officially certified'.
25. in Paragraph 21 (1), the second sentence is replaced by the following sentence: "Where the person concerned grants legal aid free of charge to a party to an asylum procedure, the Ministry may contribute to the payment of the costs of providing such assistance under a written contract."
26. In the first sentence of Paragraph 22 (1), the words "with their consent 'shall be deleted.
27. in the first sentence of Paragraph 23 (1), "with a party" shall be replaced by "with an asylum seeker."
28. in Paragraph 23 (2):
"(2) The asylum seeker shall be obliged to appear at the summons of the Ministry for an interview. '
29.
Service of documents to asylum applicants
(1) The documents are delivered to the applicant for asylum.
(2) A document which has not been delivered shall be deposited at the reception or residence centre where the asylum seeker is registered for residence or at the Ministry designated by the asylum facility if he is registered outside the asylum facility. The notification of the deposit of the undelivered document shall be posted on the official plate at the reception or residence centre. If the consignee does not pick up the consignment within 10 days of the deposit, the last day of that period shall be deemed to be the day of delivery, even if the consignee has not known of the deposit.
(3) After a reliable finding that the asylum seeker is not staying in the place where he is registered for residence in the long term, the service referred to in paragraph 2 shall be effected where his place of residence is not known. ';
30. The following Section 24a is inserted after Section 24:
Service of decisions
(1) The decision to grant asylum shall be served on the spot and at the time specified in the written call for asylum.
(2) If an asylum seeker does not arrive to take over the decision on the day of the call, even if the call has been received, the date for taking over the call shall be deemed to be the date on which the decision to grant asylum is served. ';
31. in Paragraph 25 (1) (a), the words "party" shall be replaced by the words "asylum seeker" and the words "application for asylum" shall be replaced by "application for asylum."
32. in Article 25 (1) (c):
"(c) the party to the proceedings has died in the course thereof, '.
33. in Paragraph 25 (1) (d), the words "party" are replaced by the words "asylum seeker."
34. in Article 25 (1) (e):
"(e) the asylum seeker has not removed the procedural defect within the time limit set by the Ministry and the procedure cannot therefore be continued,"
35. in Paragraph 25 (1), the word "or" shall be deleted at the end of point (e), the dot at the end of point (f) shall be replaced by a comma and the following points (g) and (h) shall be added:
"(g) another State is responsible for the asylum procedure; or
(h) the applicant for asylum has entered the territory of another State or has attempted to enter the territory of another State illegally during the procedure. "
36. Paragraph 25 (2) and (3) are deleted and paragraph 1 is deleted.
37.In Article 26 (a), the word "deficiencies" is replaced by "defects."
38. Article 29 to 31 shall be deleted;
39. After Paragraph 31, the following Section 31a is inserted:
"Legal power of decisions in asylum matters
The decision on asylum shall be legal if it cannot be appealed to the courts. '
40. In Part One, Title IV, including the title and footnote 7) read:
REVIEW OF THE DECISION IN THE CASE OF THE COURT OF JUSTICE
(1) An appeal may be brought before a court against a decision of the Ministry on asylum. 7)
(2) An appeal may be lodged within 15 days of the date of service of the decision.
(3) An appeal against a decision on an application for asylum may be lodged within 7 days of the date of notification of the decision.
(a) rejecting the request as manifestly unfounded;
(b) which was delivered at the time when the asylum seeker was located at the reception centre in the transit area of an international airport;
(c) filed at the establishment for the protection of foreigners. 3)
(4) If the decision does not contain a proper instruction on the appeal, it may be lodged within 60 days of the date of service of the decision.
(5) The appeal lodged at the time shall have suspensory effect, except for an appeal against the decision to terminate the procedure under Paragraph 25 (g).
(1) An appeal shall be lodged with the Ministry.
(2) The Ministry shall present the appeal together with its observations to the competent court within 15 days of its notification.
(3) Pending a decision by a court, the Ministry may revoke or amend the contested decision if it fully accepts the appeal.
Contents
ČÁST PRVNÍ
Čl. I
„HLAVA II
§ 3
§ 3a
§ 3b
§ 3c
§ 3d
§ 3e
§ 3f
§ 3g
§ 4
§ 4a
§ 4b
㤠9
㤠10
㤠13
㤠14
㤠16
㤠24
㤠24a
§ 31a
„HLAVA IV
§ 32
§ 33
§ 33a
§ 33b
㤠34
㤠41
㤠49a
㤠54
㤠54a
㤠56a
§ 56b
㤠58
㤠60
㤠64
㤠65a
㤠71a
㤠73
§ 77
§ 78
㤠78a
㤠82
㤠84
㤠85a
㤠88
㤠88a
㤠91a
㤠93a
Čl. II
ČÁST TŘETÍ
Čl. V
ČÁST ČTVRTÁ
Čl. VI
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Regulation Information
| Citation | Act No. 2 / 2002 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), and certain other laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.01.2002 |
|---|---|
| Effective from | 01.02.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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