Act No. 221 / 2003 Coll.
Law on the temporary protection of foreigners
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Law
Effective from 01.01.2004
Contents
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221
THE LAW
of 26 June 2003
on the temporary protection of foreigners
Parliament has decided on this law of the Czech Republic:
Subject matter
(1) This Act provides for:
(a) the conditions of entry and residence of a foreigner (1) in the territory of the Czech Republic (hereinafter referred to as "the territory") in order to provide temporary protection and travel from the territory;
(b) the procedure for granting and withdrawing a residence permit for the purpose of granting temporary protection in the territory (hereinafter referred to as the "temporary protection permit"),
(c) the legal status of a foreigner who applies for temporary protection (hereinafter referred to as "applicant for temporary protection") and of a foreigner who has been granted temporary protection (hereinafter referred to as "alien enjoying temporary protection"),
(d) the competence of the Ministry of Interior ("Ministry") and of the Police of the Czech Republic ("Police") in this area of government.
(3) The Czech Republic provides temporary protection
(a) foreigners who have left the State of which they are citizens or who have admitted asylum to them;
(b) foreigners who have left the State of their last permanent residence in bulk if they are persons without citizenship;
(c) foreigners who cannot return to the State referred to in (a) or (b);
where there is a reason for granting temporary protection under this Act.
(4) Under this law, it is possible to proceed when temporary protection of foreigners has been declared by a Council Decision of the European Union.2)
Entry into the territory for the purpose of providing temporary protection
(1) An alien who makes an application for a residence permit for temporary protection (hereinafter referred to as the "application for temporary protection"), the police
(a) authorise entry into the territory on the basis of an application for temporary protection and indicate this in the travel document, 4)
(b) determine the place of residence in the territory (humanitarian centre, § 40) and the type of transport to the place of residence in the territory; the police transport the alien to the designated place of residence in the territory if the state of health of the alien so requires or there is a reasonable concern that public order will be compromised or if the alien does not submit a travel document. The costs of transporting the alien to the designated place of residence on the territory shall be borne by the Ministry.
(2) The applicant for temporary protection is obliged to arrive at the designated place of residence in the territory no later than 24 hours after the entry permit. If an obstacle to the application for temporary protection was found independent, preventing it from arriving in the designated place of residence in the territory, the period specified in the first sentence shall not run and the applicant for temporary protection shall be obliged to notify the police or the Ministry without undue delay and to arrive at the designated place of residence in the territory within 24 hours of the end of the obstacle.
(3) The applicant for temporary protection is entitled to remain in the territory for at least the period laid down to arrive at the specified place of stay in the territory.
(4) The police shall inform the Ministry immediately of the number of persons authorised to enter the territory.
(1) The applicant for temporary protection must demonstrate his identity by submitting:
(a) a valid travel document, (4); or
(b) valid authentic instruments issued by a foreign State, provided that it can reveal the nationality and identity of the alien and contains a photograph of the holder.
(2) The documents referred to in paragraph 1 may be replaced by an affidavit showing the identity of the alien.
(3) The identification shall mean the indication of the following: the name, surname, date, month and year of birth, citizenship, if not a citizen, and the last residence outside the territory.
Management of residence permits for temporary protection
(1) A request for temporary protection means a manifestation of the will of a stranger, from which it is clear that he seeks temporary protection in the Czech Republic.
(2) The competent Ministry is responsible for the procedure for granting or withdrawing a residence permit for temporary protection.
(3) For the purposes of this Act, the applicant for temporary protection is a stranger who has submitted a request for temporary protection in the Czech Republic, which has not yet been definitively decided. In addition, the status of the applicant for temporary protection shall have suspensory effect for the duration of the period for bringing an action pursuant to Article 17 and for the duration of the judicial proceedings against a decision of the Ministry on temporary protection, if such action has been granted a suspensive effect, or until the order of the Regional Court has been given for the grant of a suspensory effect if the alien has requested it.
A party to proceedings under this Act shall:
(a) applicant for temporary protection;
(b) an alien enjoying temporary protection.
Application for temporary protection
(1) The alien is entitled to apply for temporary protection in the territory
(a) Police
1. in a humanitarian centre; or
2. to the Department of Foreign Police of the Regional Police Directorate ("the Police Department"), provided that it has come voluntarily; or
(b) to the Ministry, where he is hospitalised with a bed-care provider, where he exercises security detention, protective treatment, detention or imprisonment, or is placed in a school establishment for the exercise of constitutional education or protective education or in a child-care facility requiring immediate assistance.
(2) The police will take the applicant for temporary protection who has submitted a request for temporary protection pursuant to paragraph 1 (a) (2) to a humanitarian centre, if the medical condition of the applicant for temporary protection so requires, or if there is a reasonable concern that he will not appear in the humanitarian centre within the time limit set. The costs associated with the transport of the applicant for temporary protection as referred to in the first sentence shall be borne by the Ministry.
(3) The alien is also entitled to lodge an application for temporary protection in an establishment for the provision of foreigners, in the case of aliens there, with the exception of a stranger secured for the purpose of its transmission or transit under an international contract negotiated with other Member States of the European Union before 13 January 2009 or a directly applicable European Union Regulation (20).
(4) The right of a foreigner to apply for temporary protection in an outsourcing facility shall expire 7 days from the date on which he was informed by the police of the possibility of requesting temporary protection and the consequences of the expiry of that period.
(5) The police shall inform the alien of the authorisation to apply for temporary protection within the period referred to in paragraph 4 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.
(6) The applicant for temporary protection is obliged, under the conditions laid down in the Act on the residence of foreigners in the Czech Republic, to endure security in the establishment for the provision of foreigners. Submission of an application for temporary protection shall not constitute grounds for termination of the security.
(1) The applicant for temporary protection must appear at least two working days in advance at a written invitation from the Ministry to provide the data for the application for temporary protection. The Ministry shall invite the applicant for temporary protection to provide data on the application for temporary protection without undue delay after the application for temporary protection has been submitted. In the call for temporary protection, the Ministry shall inform the applicant in writing in his / her mother tongue or in the language in which he / she is able to communicate the rights and obligations of the applicant for temporary protection and the right at any time to seek assistance from a natural or legal person dealing with the provision of legal assistance or protection of the interests of refugees and the Office of the United Nations High Commissioner for Refugees (the High Commissioner's Office).
(2) The applicant for temporary protection is obliged to provide the Ministry with data on:
(a) its name and surname, other names, all previous surnames and other surnames used;
(b) the date, month and year of birth;
(c) the place and state of birth,
(d) its nationality, religious beliefs and political beliefs;
(e) citizenship;
(f) family status and children,
(g) last residence outside the territory;
(h) residence in States directly bound by the applicable European Union20),
(i) the date and manner of entry into the territory;
(j) the number and validity of the travel document;
(k) health status, health restrictions and other special needs;
(l) the reason for the request for temporary protection;
(m) the language in which it is able to communicate,
(n) the manner in which he travels to the territory; and
(o) visas or residence permits issued by other States or, where appropriate, prior applications for temporary or international protection in other States.
(3) The Ministry is entitled to conduct an interview with the party to the proceedings in order to establish the state of the case in which there are no reasonable doubts. A party shall be obliged to attend an interview at the place and time specified by the Ministry, at least two working days before the interview, at the written summons to the party served. If a party fails to appear for an interview at the place and time specified by the Ministry, an alert shall be made on that fact.
Reasons for not granting, withdrawing and withdrawing a residence permit for temporary protection
(1) A residence permit for the purpose of temporary protection may not be granted where there are reasonable grounds for suspecting that an applicant for temporary protection:
(a) committed a crime against peace, war or humanity within the meaning of international documents containing provisions on such offences;
(b) guilty of acts contrary to the principles and objectives of the United Nations; or
(c) poses a threat to national security.
(2) A residence permit for temporary protection may be refused if the applicant for temporary protection:
(a) has been convicted of committing a particularly serious crime and provided that that fact continues to constitute a danger to society; or
(b) disclose false information or omit facts relevant to the reliable determination of the actual situation of the case.
(3) A residence permit for the purpose of temporary protection may also be refused if there is a reasonable suspicion that the applicant for temporary protection has committed a serious offence in the territory of another State prior to the application for temporary protection.
(4) A residence permit for the purpose of temporary protection may not be granted if the Czech Republic has reached the number of residence permits issued for temporary protection provided for by a decision of the Council of the European Union. This provision does not apply to family reunification under this Act.
(1) A residence permit for temporary protection is withdrawn if:
(a) aliens enjoying temporary protection shall be granted temporary protection by another State or have been granted a permanent or similar residence permit in the territory of another State;
(b) aliens enjoying temporary protection have been granted a permanent residence permit in accordance with a special legislation, 5); or
(c) a reason for which a residence permit may not be granted for temporary protection under Article 9 (1) has been established.
(2) A residence permit for the purpose of temporary protection may be withdrawn if the reason for which a residence permit may be refused for the purpose of temporary protection under Article 9 (2) and (3) has been established.
(3) If the reason for which a residence permit has been granted for the purpose of temporary protection for the purposes of family reunification is lost and no other reason is found to be worthy of its retention, that authorisation shall be withdrawn.
The residence permit for temporary protection shall cease to exist:
(a) death of a person or his declaration of death;
(b) the expiry of the period for granting temporary protection;
(c) granting asylum or supplementary protection for the territory (6) or granting refugee status under an international treaty, (7)
(d) the date on which the Ministry received a written declaration with the official signature of the alien enjoying temporary protection for the purpose of temporary protection;
(f) by the Council of the European Union on the termination of temporary protection.2)
Common provisions on management
Withdrawal of proceedings
The Ministry shall suspend proceedings if:
(a) the party to the proceedings has died or been declared dead during the proceedings;
(b) the participant has not removed the application for temporary protection within the time limit set by the Ministry and the procedure cannot therefore be continued;
(d) the period for granting temporary protection has expired by decision of the Council of the European Union, 2)
(f) the provision of temporary protection has been terminated by a decision of the Council of the European Union, 2)
(g) the party to the proceedings did not appear, without serious reason, to provide the data for the application for temporary protection, interview or to provide the information necessary to establish the state of the case of which there is no reasonable doubt.
Suspension of proceedings
The Ministry shall also suspend the proceedings by way of order for the period strictly necessary if the party to the proceedings is unable to take part for health or other reasons worthy of special consideration having a more permanent nature.
The party to proceedings shall have the right to act in accordance with this law in the mother tongue or in the language in which it is able to communicate. The Ministry shall provide the participant with an interpreter free of charge for acts for which the Ministry has been summoned or invited.
Service of documents
(1
(2) A document which has failed to be delivered to the party's own hands shall be deposited at the humanitarian centre where the party is declared to be resident or, if it is declared to be resident outside the humanitarian centre, a document shall be deposited at the humanitarian centre closest to the place of his registered residence. The notification of the deposit of the undelivered document shall be posted on the official plate at the humanitarian centre without undue delay. 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) The procedure for granting or withdrawing a residence permit for the purpose of temporary protection may not be served by a public decree. 8)
Service of decisions
(1) The same copy of the original of the decision shall be served on the party to the proceedings at the place and time specified in the written notice to take over the decision.
(2) If a party fails to appear to take a decision at the place and time specified in the notice, even if the notice has been served, the date on which the decision set out in the notice is taken shall be deemed to be the date on which the decision is served.
(3) Where a party is represented, the decision of the Ministry on temporary protection shall be served on the representative and on the representative. The legal effects of the service shall be delivered to the represented.
The administrative rules shall apply to proceedings for the granting and withdrawal of residence permits for the purpose of temporary protection, with the exception of the provisions on service to addressees residing in a foreign country (21), on official destination22), on the provision of a guardian to persons unknown to the residence and persons residing abroad if they fail to deliver (23), and on the provision of a service representative (24), and on provisions on access to the file, on persons other than the participants and their representatives (25), on the issue of a copy of the decision at the request of the participant (26), on appeal and on the procedure for dissolution (27), on the provision on review procedure (28), and on the renewal of the procedure and on a new decision29).
Review of the decision on temporary protection
(1) An action against a decision of the Ministry may be brought within 15 days of the date of service of the decision. 10)
(2) The court in whose jurisdiction the applicant has a registered place of residence shall be responsible for the proceedings.
Costs
The Ministry shall bear the costs of the temporary protection proceedings until the date on which the decision of the Ministry becomes final.
Remuneration and reimbursement of interpreter's costs
The remuneration for the performance of the interpretation activity and the reimbursement of the costs associated with the performance of that activity shall be determined by agreement between the Ministry and the interpreter. The amount of remuneration and reimbursement may not exceed the amount determined under special legislation. 11)
Office of the High Commissioner
The Ministry shall inform the High Commissioner's Office on request of the number of proceedings initiated under this Act.
(1) The Ministry will allow the authorised representative of the Office of the High Commissioner, at his request, without delay and provided that the party agrees to this,
(a) make contact with the party at any time;
(b) be present at the interview and oral hearing.
(2) The data which the High Commissioner's Office has become aware of during the interview and oral hearing may be used only for the purpose of carrying out its tasks.
Legal status of the applicant for temporary protection
The applicant for temporary protection shall be entitled to remain in the territory for the duration of the procedure for granting a residence permit for temporary protection. The right to remain in the territory does not give entitlement to a residence permit under the Act on the residence of foreigners in the Czech Republic.
(1) The applicant for temporary protection is obliged to have a personal inspection and an examination of his / her affairs
(a) prior to the submission of an application for temporary protection;
(b) where there is a reasonable suspicion that it is hiding something which is a condition for the reliable detection of the true state of the matter, such as travel or other document, or a matter which endangers the life or health of persons or affects their psyche.
(2) The police will conduct a search. The police will make a record of the search.
(3) Personal inspection shall be carried out by a person of the same sex.
(1) The applicant for temporary protection is obliged to stay in the humanitarian centre until:
(a) the execution of the identification operations referred to in Article 26;
(b) carrying out a medical examination to determine whether he is suffering from a disease that threatens his or her life or health or the life or health of others;
(c) the termination of the quarantine or other measures relating to the protection of public health if they can be carried out at the humanitarian centre.
(2) The Ministry shall perform the operations referred to in paragraph 1 (a) and (b) without undue delay.
The applicant for temporary protection shall, when providing data on the application for temporary protection, submit his travel document to the Ministry; This does not apply if he resides in the territory on the basis of a residence permit granted under the Act on the residence of foreigners in the territory of the Czech Republic or is a party to proceedings under the Act on asylum (6). The travel document shall be submitted for the duration of the proceedings under this Act. An applicant for temporary protection not subject to the obligation to surrender a travel document shall submit his travel document at the latest when the data relating to the application for temporary protection is provided.
(1) The applicant for temporary protection is obliged to accept the fingerprinting and the acquisition of a visual recording when the application for temporary protection is made.
(2) The fingerprints shall be taken by the police.
(3) The acquisition of a visual record is carried out by the Ministry.
The applicant for temporary protection shall, in the course of the proceedings, provide the Ministry with the necessary synergies and provide the true and complete information necessary for a reliable identification of the actual situation of the case.
Medical services
(1) The applicant for temporary protection and his child born on the territory for 60 days from the date of birth shall be provided free of charge in the territory of the public health insurance service (12), as well as health services in connection with the quarantine ordered or other public health protection measure; This does not apply if health services are provided under the Act on asylum or the Act on the residence of foreigners in the Czech Republic.
(2) The costs of providing the health services referred to in paragraph 1 shall be borne by the State and shall be borne by the Ministry by the health service providers.
(3) A child born to a stranger enjoying temporary protection and residing in the territory shall be provided free of charge in the territory referred to in paragraph 1 for a maximum period of 60 days from the date of birth.
Legal status of the alien enjoying temporary protection
(1) The Ministry of Temporary Protection shall, in writing, inform the alien enjoying temporary protection in his / her native language or in the language in which he / she is able to communicate his / her rights and obligations no later than 3 days after the date on which the decision granting temporary protection takes effect.
(2) An alien enjoying temporary protection who requests accommodation in a humanitarian centre is required to undergo a personal examination if there is reason to believe that he is harboring a thing that endangers the life or health of persons or affects their psyche. A personal inspection shall be carried out under the conditions laid down in paragraphs 2 and 3 of Section 23.
An alien enjoying temporary protection who is declared to reside outside the humanitarian centre shall bear the costs of residence in the territory of his own resources.
(1) At the request of the alien enjoying temporary protection, the Ministry shall assess whether his personal and property circumstances, or the personal and property circumstances of his family members, are such that he may receive a financial contribution up to the amount of:
(a) 1.6 times the amount of life minim13) of the applicant, provided for by a specific legislation, when assessed without the persons jointly assessed; jointly assessed persons for the purposes of this Act are those referred to in § 4 (1) (a) to (c) of the Life and Existence Minimum Act under the conditions set out in § 4 (2) and (3) of the Life and Existence Minimum Act;
(b) 1,5 times the amount of the minimum life (13) of the applicant and the persons assessed together, if between 2 and 3 persons are jointly assessed;
(c) 1.4 times the amount of the minimum life (13) of the applicant and the persons considered together, if 4 persons are jointly assessed;
(d) 1.3 times the amount of the minimum life (13) of the applicant and the persons considered together, if 5 or more persons are jointly assessed.
A request for financial contribution shall be submitted to the Ministry at the Humanitarian Centre. A financial contribution may not be granted if a foreigner enjoying temporary protection in the territory on the basis of a residence permit granted under the Act on the residence of foreigners in the Czech Republic or receives a financial contribution under the Act on Asylum.
(2) The applicant for a financial contribution shall indicate in the application his / her personal and property circumstances in the territory, or, where appropriate, those of his / her family members, and document them by any document available or by way of a declaration of honour. The Ministry shall be responsible for the procedure for granting the financial contribution.
(3) No action may be brought against a decision of the Ministry on a request for financial contribution.
An alien enjoying temporary protection for the purposes of employment and self-employment is considered to be a foreigner with a permanent residence permit under the Act on the residence of foreigners in the Czech Republic.
A foreign enjoying temporary protection shall have access to education under the conditions laid down in the Education Act 13a). For the purposes of university studies, a stranger enjoying temporary protection is in the same position as a citizen of the Czech Republic.
Passport and foreign passport
The applicant's temporary protection card
(1) The Ministry shall issue to the applicant for temporary protection an applicant's temporary protection licence (hereinafter referred to as the applicant's licence).
(2) The applicant's card shall be a public document proving the identity of the holder and the validity of his stay in the territory.
(3) The Ministry shall record on the applicant's card the identity of the applicant for temporary protection, his citizenship and the place of accommodation and the period of validity of the applicant's licence.
(4) The period of validity of the applicant's licence is determined by the Ministry. The period of validity of the applicant's licence may be repeated. In order to extend the period of validity, modify or supplement the data entered in the applicant's licence, personal participation by the applicant for temporary protection shall be required; The Ministry may, for reasons of special consideration, authorise an exemption.
(5) The applicant for temporary protection shall, when the applicant has extended the period of validity of the applicant's licence following the decision of the Ministry on temporary protection, provide evidence that he has brought an action against that decision with a proposal to grant a suspensive effect.
(6) The Ministry shall determine by decree the model of the applicant's licence.
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Regulation Information
| Citation | Act No. 221 / 2003 Coll., on the Temporary Protection of Foreigners |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.07.2003 |
|---|---|
| Effective from | 01.01.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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