What is Act No. 314 / 2015 Coll.?

Act No. 314 / 2015 Coll., amending Act No. 325 / 1999 Coll., on Asylum, as amended, Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and on the amendment of certain laws, as amended, Act No. 221 / 2003 Coll., on the Temporary Protection of Foreigners, as amended, and other related laws — Act amending Act No. 325 / 1999 Coll., on Asylum, as amended, Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and on the amendment of certain laws, as amended, Act No. 221 / 2003 Coll., on the Temporary Protection of Foreigners, as amended, and other related laws.

When it became Act No. 314 / 2015 Coll. effectiveness?

Act No. 314 / 2015 Coll. became effective 18.12.2015.

Is Act No. 314 / 2015 Coll. still valid?

Yes, Act No. 314 / 2015 Coll. is still valid and effective.

How many times was it Act No. 314 / 2015 Coll. amended?

Act No. 314 / 2015 Coll. has 4 time versions of the text.

Act No. 314 / 2015 Coll.

Act amending Act No. 325 / 1999 Coll., on Asylum, as amended, Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and on the amendment of certain laws, as amended, Act No. 221 / 2003 Coll., on the Temporary Protection of Foreigners, as amended, and other related laws

Valid Law Effective from 18.12.2015

Text versions: 01.08.2016 18.12.2015 03.12.2015

ČÁST PRVNÍ Čl. I „§ 2 „§ 3 „§ 3c § 3d „§ 8 „§ 10 § 10a § 11a § 11b § 11c „§ 19 „§ 22 § 23 „§ 23c „§ 27 „§ 46a § 47 „§ 53e „§ 54a „§ 57 „§ 64a „§ 73 § 74 „§ 77 „§ 78b „§ 82 „§ 85a „§ 87a „§ 88a „§ 92b § 92c Čl. II ČÁST DRUHÁ Čl. III „§ 15a „§ 47 „§ 74 „§ 87f „§ 101 § 102 „§ 151 „§ 160 „§ 180g Čl. IV ČÁST TŘETÍ Čl. V „§ 4 „§ 6 „§ 8 „§ 15a „§ 16 „§ 25 „§ 29 „§ 34 „§ 34a „§ 35 „§ 35a § 35b „§ 36 „§ 49 „§ 55 ČÁST ČTVRTÁ Čl. VI ČÁST PÁTÁ Čl. VII ČÁST SEDMÁ Čl. IX ČÁST OSMÁ Čl. X ČÁST DEVÁTÁ Čl. XI ČÁST DESÁTÁ Čl. XII

Zobrazeno prvních 200 z celkem 1483 ustanovení tohoto předpisu. Zobrazit celý předpis →

Pro stažení celého znění použijte tlačítko Stáhnout výše.

314

THE LAW

of 11 November 2015

amending Act No. 325 / 1999 Coll., on asylum, as amended, Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and amending certain laws, as amended, Act No. 221 / 2003 Coll., on the temporary protection of foreigners, as amended, and other related 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, as amended by 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. 136 / 2006 Coll., Act No. 165 / 2006 Coll., Act No. 170 / 2007 Coll., Act No. 197 / 2009 Coll., Act No. 444 / 2005 Coll., Act No. 112 / 2006 Coll., Act No. 129 / 2008 Coll., Act No. 140 / 2008 Coll.

1. in Paragraph 1 (a), the words "show intent to request" shall be replaced by the words "requested" and the words "in the form of asylum or supplementary protection" shall be deleted;

2. in Paragraph 1 (b), including footnote 19:

"(b) international protection proceedings (19) and other proceedings under this law;

19) Directive 2013 / 32 / EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection status (recast). Directive 2013 / 33 / EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection (recast). Regulation (EU) No 604 / 2013 of the European Parliament and of the Council of 26 June 2013 laying down the criteria and procedures for determining the Member State responsible for examining an application for international protection submitted by a third-country national or a stateless person in a Member State (recast). ';

footnote 1a is deleted.

3. In Article 1 (c), the words "asylum seeker and 'are replaced by the words" asylum seeker, "and at the end of the text, the words" and a stranger, as provided for by this law' are added.

4. In Paragraph 1 (d), the words ", Ministry of Education, Youth and Sports' are deleted.

5. Article 2, including the title and footnotes No 20 to 22, reads:

„§ 2

Basic concepts

(1) For the purposes of this Act:

(a) international protection provided by aliens in the form of asylum or supplementary protection;

(b) an applicant for international protection by a stranger who has submitted an application for international protection in the Czech Republic, which has not yet been decided on in a final manner. Furthermore, the status of an applicant for international protection shall be held by a stranger during the period of time for bringing an action pursuant to Paragraph 32 and during the course of the legal proceedings for an action against a decision of the Ministry under the administrative order, provided that such action has suspensory effect or until the order of the Regional Court has been given to it that the alien has applied for it. Furthermore, the status of the applicant for international protection shall be that of a stranger who has applied for international protection in another State which is bound by the directly applicable European Union20), and the Czech Republic has taken him into its territory to assess his application for international protection,

(d) a procedure for surrender to the competent State of procedure which results in the designation of a State directly bound by the applicable European Union20), which is obliged to accept a stranger back because of its competence to consider a foreign application for international protection,

(e) by a decision of the Ministry in the case of international protection, decisions given pursuant to Paragraph 15 or 15a and decisions granting asylum, decisions granting, extending or not extending supplementary protection, decisions not granting international protection, decisions terminating proceedings, including orders terminating proceedings, decisions rejecting an application for international protection as manifestly unfounded and decisions withdrawing or withdrawing asylum or additional protection;

(f) a repeated application for international protection, submitted by the same person before the acquisition of legal power by the Ministry of International Protection or at any time after the acquisition of legal power by the Ministry of International Protection;

(g) a further repeated application for international protection made by the same person after the adoption of the decision of the Ministry on international protection, with the exception of the decision to terminate the procedure referred to in Article 25 (a), (d), (e), (f), (h) or (j) for a repeated application for international protection, and any subsequent requests;

(h) an unaccompanied minor who arrives in the territory of an unaccompanied adult who is under 18 years of age, for as long as he is not actually in the care of such a person; unaccompanied minors are also persons under 18 who have been left unaccompanied after arriving on the territory of 21),

(i) a vulnerable person, in particular an unaccompanied minor, a parent or a family with a minor child or a parent or a family with an elderly child with a disability, a person over 65 years of age, a disabled person or a serious illness, a pregnant woman, a victim of human trafficking or a person who has been tortured, raped or subjected to other serious forms of psychological, physical or sexual violence;

(j) a partner of a person who proves that he has entered an officially confirmed permanent community of two persons of the same sex. This officially confirmed permanent community of two persons of the same sex is a partnership,

(k) the safe country of origin of the State of which the alien is a national citizen or, in the case of a person without citizenship, the State of the last permanent residence;

1. where, in general and consistently, there is no persecution, torture or inhuman or degrading treatment or punishment and a threat of arbitrary violence in the event of international or internal armed conflict;

2. which his citizens or persons without citizenship do not leave for the reasons set out in § 12 or 14a;

3. which has ratified and respected international treaties on human rights and fundamental freedoms, including standards on effective remedies; and

4. enabling legal persons to supervise the state of human rights;

(l) a safe third country, a State other than that of which the alien is a national citizen, or, in the case of a person without citizenship, the State of the last permanent residence in which the alien was residing and established links before entering the territory; and

1. to which the alien may return and apply for refugee status under international agreements (22);

2. in which he is not subjected to persecution or threat of serious harm; and

3. In which the principle of non-refoulement and the prohibition of expulsion is respected, where this constitutes a violation of the prohibition of torture and cruel, inhuman or degrading treatment as provided for by international law,

(m) for the purposes of this law, a European safe third country shall mean a State other than that of which the alien is a national citizen or, in the case of a person without citizenship, the State of the last permanent residence which:

1. ratify and comply with the international treaty governing the legal status of refugees without any geographical restriction;

2. ratify and comply with the European Convention for the Protection of Human Rights and Fundamental Freedoms, including standards on effective remedies;

3. has a statutory asylum procedure,

and it was found that an alien had entered or wanted to enter the territory of that State,

(n) the State of last permanent residence of the State in which the person without citizenship remained and established links with that State of a more permanent nature before entering the territory;

(o) the first country of asylum, a State other than that of which the alien is a national citizen, or, in the case of a person without citizenship, a State other than the State of his last permanent residence in which the alien was resident before entering the territory, has granted him the status of refugee under the international treaties (22) if the alien can continue to enjoy this protection and if the alien can safely return to that other State;

(p) asylum facilities, reception centre, residence centre and integration asylum centre,

(q) by resettlement of the choice and relocation of aliens carried out by the Ministry, with the prior expression of their will in the territory in order to grant asylum or supplementary protection.

(2) Asylum means an alien to whom asylum has been granted under this law for the duration of the decision granting asylum.

(3) A person enjoying additional protection shall mean a stranger who has been granted additional protection for the duration of the decision granting or extending additional protection. The person benefiting from the additional protection shall mean the alien who, during the period of validity of the decision granting or extending the additional protection, has submitted an application for extension of the additional protection until the decision of the Ministry on the application has become final.

(4) Pursuit shall mean a serious violation of human rights, as well as measures acting on psychological coercion or other similar acts or acts which, in their coercion, achieve the intensity of persecution if they are implemented, supported or endured by the agents of persecution.

(5) Protection against persecution or serious harm shall mean in particular adequate action by the competent national authorities, a Party or an organisation, including an international organisation, a controlling State or a substantial part of its territory, aimed at preventing or causing serious harm, in particular by introducing an effective legal system for the detection, prosecution and punishment of acts constituting persecution or serious harm, provided that such protection is effective, it is not only temporary and the alien has access to it.

(6) The source of persecution or serious harm shall be the State authority, party or organisation controlling the State or a substantial part of the territory of the State of which the alien is a national citizen or in which the person without citizenship was the last resident. The origin of the persecution or serious injury shall also be understood as a private person if it can be demonstrated that a State, party or organisation, including an international organisation, a controlling State or a substantial part of its territory is unable or willing to provide adequate protection against persecution or serious harm.

(7) In pursuit or serious harm, where the fear of a stranger from persecution or serious harm applies only to a part of the territory of the State of his nationality, or, if he is a citizen, to the State of his last permanent residence, and if the alien can safely and legitimately travel to another part of the State, enter and reside in it, and if, taking into account the situation in that part of the State and his personal situation in that part of the State,

(a) there is neither reasonable fear of persecution nor reasonable concern that there is a real risk of serious harm; or

(b) have access to effective protection against persecution or serious harm.

20) Regulation (EU) No 604 / 2013 of the European Parliament and of the Council of 26 June 2013 laying down the criteria and procedures for determining the Member State responsible for examining an application for international protection submitted by a third-country national or a stateless person in a Member State (recast). Commission Regulation (EC) No 1560 / 2003 of 2 September 2003 laying down detailed rules for the implementation of Council Regulation (EC) No 343 / 2003 laying down the criteria and procedures for determining the State responsible for examining an asylum application lodged by a third-country national in a Member State as amended by Commission Implementing Regulation (EU) No 118 / 2014 of 30 January 2014 amending Regulation (EC) No 1560 / 2003 laying down detailed rules for the implementation of Council Regulation (EC) No 343 / 2003 laying down the criteria and procedures for determining the State responsible for examining an asylum application lodged by a third-country national in a Member State.

21) Directive 2013 / 33 / EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection (recast). Council Directive 2003 / 86 / EC of 22 September 2003 on the right to family reunification.

22) Communication from the Ministry of Foreign Affairs No. 208 / 1993 Coll., on the negotiation of the Convention on the Status of Refugees and the Protocol on the Status of Refugees. '

footnotes No 1b to 1d are deleted, including the footnotes.

6. In Part One of Title II, "APPLICATION FOR INTERNATIONAL PROTECTION AND TRANSPORT TO ASYLUM EQUIPMENT 'is read as follows:

7. The heading above Section 3 reads: "Application for international protection."

8. Article 3, including footnote 23, reads:

„§ 3

(1) The request for international protection is a manifestation of the will of a stranger, from which it is clear that he is seeking protection from persecution or imminent serious harm in the Czech Republic.

(2) A request for international protection shall not be a manifestation of the will of a stranger as referred to in paragraph 1 made during his travel after the final termination of the procedure for granting international protection, the legal proceedings for an action against a decision of the Ministry on international protection, the legal proceedings for an appeal against a judgment of the Court of First Instance on an action against a decision of the Ministry on international protection (hereinafter referred to as an "appeal complaint ') or an administrative expulsion procedure or in the execution of an expulsion order imposed by a court. However, the request for international protection is a manifestation of the will of a stranger in accordance with the first sentence, on the basis of which the content of which it can reasonably be assumed that there has been a substantial change in the circumstances relating to his possible persecution or threat of serious harm; The Ministry shall inform the alien whether his will is deemed to be an application for international protection. Paragraph 11a (3) shall apply mutatis mutandis to the service of notifications under the second sentence.

(3) Furthermore, a request for international protection shall not be made after the final termination of the procedure for granting international protection and after the decision of the Minister of Justice to authorise the extradition of a stranger or after the acquisition of legal power of the court to refer a stranger to a European arrest warrant for prosecution or for the execution of a custodial sentence to a foreign State under the Act on International Judicial Cooperation in Criminal Matters. Furthermore, the request for international protection shall not be a manifestation of the will of a foreigner under paragraph 1 made after the Czech Republic has received a request for its transmission to the International Criminal Court, to the International Criminal Tribunal or, where appropriate, to a similar international judicial authority which fulfils at least one of the conditions laid down in Paragraph 145 (1) of the Act on International Judicial Cooperation in Criminal Matters.

(4) Where an application for international protection is submitted by a parent of a minor child for that child, the consent of the other parent to submit an application shall not be required.

(5) Where a parent whose application for international protection is being granted by the Ministry of Procedure has submitted an application for international protection for his minor child, such applications shall be accompanied by joint management23), unless the Ministry decides by a resolution to exclude them from joint proceedings, in particular for the protection of the rights and legitimate interests of the child.

(6) Where an application for international protection is submitted to the Ministry, the Ministry shall register the application within 3 working days of its submission; where an application for international protection is submitted to the police, the Ministry shall register within 6 working days of the date of the application for international protection. Registration of an application for international protection means the entry of an application for international protection in the register referred to in Article 71 (1) (a).

23) § 140 of the Administrative Order. '

9. In section 3a of the introductory part of the provision and in section 3b (1), the words "make a declaration of international protection 'are replaced by the words" apply for international protection'.

10. footnote 2 is deleted, including the footnote reference.

11. in Article 3a (a) (4), the word "foreigners," 3) shall be replaced by the words "aliens 3) in the case of aliens who are secured there," and the words "European Union Regulation (4a)" shall be replaced by the words "directly applicable European Union20)."

12. in Article 3a (b), the words "protective treatment" shall be inserted after the words "detention,"

13. In Paragraph 3a, the current text becomes paragraph 1 and the following paragraph 2 is added:

"(2) The police and the person involved in providing legal assistance to refugees shall provide the person who intends to submit an application for international protection, information relating to international protection already at the border crossing point or in the transit area of an international airport."

14. In the first sentence of Paragraph 3b (2), the words "the authorisation to lodge an application for international protection within the period referred to in paragraph 1" shall be inserted after the word "alien."

15. In Article 3b, the following paragraph 3 is added:

"(3) The request for international protection lodged in the establishment for the detention of foreigners after the expiry of the period referred to in paragraph 1 shall be a manifestation of the will of a stranger who clearly seeks protection from persecution or from imminent serious harm in the Czech Republic only if, on the basis of his content, it is reasonable to believe that there has been a substantial change in the circumstances relating to his possible persecution or threat of serious harm; The Ministry shall inform the alien whether his will is deemed to be an application for international protection. Paragraph 11a (3) shall apply mutatis mutandis to the service of notifications under the first sentence. ';

16. § 3c and 3d read:

„§ 3c

The applicant for international protection shall be required to be released from hospitalisation, the performance of security detention, protective treatment, detention, custody or imprisonment within 24 hours of the date of application for international protection to the police pursuant to Article 3a (a) (3), the decision to release him as a detainee or after leaving the educational establishment for the performance of the constitutional education or protective education or educational establishment for preventive education or for children requiring immediate assistance has been taken by the Ministry. If an obstacle to the consent of an applicant for international protection is established independent, which prevents it from arriving at the reception centre, the period specified in the first sentence shall not run and the applicant for international protection shall be obliged to notify the police or the Ministry without undue delay and arrive at the reception centre within 24 hours of the end of the obstacle. Paragraph 4 (1) shall apply mutatis mutandis.

§ 3d

(1) The applicant for international protection is entitled to remain in the territory; This does not apply if they have submitted another repeated application for international 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. The Ministry shall be entitled to limit the residence of the applicant for international protection to only part of the territory or to the receiving centre in the transit area of an international airport, unless he is authorised to enter the territory.

(2) If no applicant for international protection has submitted another repeated application for international protection, the applicant for international protection may not be terminated on the basis of an administrative or judicial decision issued. This shall not prevent the transfer of an applicant for international protection to an international criminal court or international criminal tribunal or, where appropriate, to a similar international judicial authority which fulfils at least one of the conditions laid down in the Law on international judicial cooperation in criminal matters. ';

Article 17 (3e) and (3f) are deleted.

18. In the title above Section 4, the word "alien" is deleted.

19. in Article 4 (1) and (2), the word "alien" shall be replaced by the words "applicant for international protection" and the words "made a declaration of international protection" shall be replaced by "submitted an application for international protection."

20. in Article 4 (2), the words "(Article 73)" shall be deleted;

21. in Paragraph 4 (3), the word "alien" shall be replaced by the words "applicant for international protection under paragraphs 1 and 2."

22. § 4a is deleted.

23. In Section 4b, the word "Applicant 'is replaced by" Applicants', the word "Transport 'is replaced by" Ensure', the word "Transport 'is inserted after the word" Ministry' and the word "Transport 'is replaced by the word" Ministry'.

24. § 4c is deleted.

25. In Part One of Title III: "INTERNATIONAL PROTECTION MANAGEMENT AND OTHER MANAGEMENT UNDER THIS LAW '.

26. Paragraph 8, including the title and footnote 24, reads as follows:

„§ 8

Scope of the Ministry

Ministry

(a) decide on international protection;

(b) designate a State bound by a directly applicable European Union regulation responsible for examining an application for international protection (20) lodged in the territory;

(d) decide on applications made under the Convention on the Status of Persons without nationality 24),

(e) decide on other matters under this law.

24) Communication No 108 / 2004 Coll. on the negotiation of the Convention on the Status of Persons Without Nationality. '

27. in Article 9, the words "referred to in Article 8 (a), (c) and (d)" shall be replaced by the words "service to an address for service or an electronic address communicated by a participant, (5) the provisions relating to the service of documents in their own hands and delivered on request by other means, (5a) the provisions concerning" shall be deleted, "the words" the provisions relating to official proceedings "shall be replaced by the words" the continuation of proceedings and the second sentence shall be deleted. "

footnotes 25 and 26 are as follows:

"25) § 94 to 99 of the Administrative Code.

26) § 100 to 102 of the Administrative Code. '

footnotes 5 and 5a are deleted.

28. Sections 10 and 10a, including the title and footnotes No 27 and 28, read:

„§ 10

(1) An applicant for international protection is required to appear at least two working days in advance at a written invitation from the Ministry to provide data on the application for international protection. The Ministry shall request the applicant for international protection to provide data on the application for international protection without undue delay following the application for international protection. In the call for international protection, the Ministry shall, in writing, inform the applicant of the rights and obligations of the applicant for international protection, including the consequences of express or tacit withdrawal of the application for international protection and the right to apply for assistance at any time to the person concerned with the provision of legal assistance or protection of the interests of refugees and to the Office of the United Nations High Commissioner for Refugees ("the High Commissioner's Office '). The Ministry shall also inform the applicant of the granting of international protection of the possibility of requesting information concerning the conduct of the international protection procedure relating to the personal situation of the applicant for international protection. If it is not possible to indicate in the invitation, the Ministry shall inform the applicant in writing of the granting of international protection within a reasonable period, not later than 15 days from the date of the submission of the data for the application for international protection.

(2) The applicant for international protection is obliged to provide data on:

(a) its name and surname, other names, all previous surnames and other surnames used;

(b) the date, month and year 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 application for international 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, details of previous applications for international protection in other States.

(3) When providing data on an application for international protection, the applicant for international protection shall be required to demonstrate his identity by means of a valid travel document or other identity document or by a valid public document issued by the country of nationality of the applicant for international protection or the country of his last permanent residence, if the applicant for international protection is subject to a declaration of nationality and identity and includes a photograph of the holder, or a declaration of honour.

(4) In the context of the provision of data for an application for international protection, the Ministry shall determine whether the applicant for international protection is a vulnerable person. Where an applicant for international protection is a vulnerable person, the Ministry shall also determine whether the applicant for international protection needs support to exercise the rights and obligations of the applicant for international protection under this Act in view of his personal situation. The Ministry shall also provide support to the applicant for international protection, who is a vulnerable person, if its need arises only during the procedure for granting international protection.

(5) The Ministry shall inform the applicant of the granting of international protection of the possibility of obtaining a medical examination aimed at detecting signs of persecution or serious harm.

§ 10a

Inadmissibility of an application for international protection

(1) The application for international protection is inadmissible,

(a) if it was lodged by a citizen of the European Union27) who did not fulfil the conditions laid down by European Union28),

(b) if another State directly bound by the European Union Regulation directly applicable to the examination of an application for international protection is the relevant State),

(c) where applicants for international protection have been granted international protection by another Member State of the European Union;

(d) the applicant for international protection may find effective protection in the first country of asylum;

(e) if the alien has made a repeated application for international protection, which the Ministry has considered inadmissible under Paragraph 11a (1),

(f) if the applicant for international protection comes from a State which the Czech Republic considers to be a European safe third country, unless the applicant for international protection demonstrates that, in his case, that State cannot be regarded as such; or

(g) if the applicant for international protection, who is not an unaccompanied minor, comes from a State which the Czech Republic considers to be a safe third country, unless the applicant for international protection demonstrates that, in his case, that State cannot be regarded as such.

(2) Where an application for international protection is inadmissible, it shall not be assessed whether the applicant for international protection fulfils the grounds for granting asylum or supplementary protection.

27) Article 20 of the Treaty on the Functioning of the European Union.

28) Protocol No 24 to the Treaty on European Union and to the Treaty on the Functioning of the European Union on the granting of asylum to nationals of Member States of the European Union. '.

footnotes 5k, 5l and 5m are deleted.

Article 29 (10b) and (10c) shall be deleted, including the headings.

30. In Article 11, the current text becomes paragraph 1 and the following paragraph 2 is added:

"(2) The procedure for the transfer to the competent State referred to in Article 2 (1) (d) shall be initiated ex officio. The Ministry shall decide on the transfer to the competent State in accordance with § 25 (i) on the grounds set out in § 10a (1) (b). '

31. After Paragraph 11, the following Sections 11a to 11c are inserted:

"Repeated application for international protection

§ 11a

(1) If a foreigner has made a repeated request for international protection, the Ministry shall first assess the admissibility of the repeated application for international protection, whether new facts or findings have been made or have appeared that:

(a) have not been the subject of an examination of the grounds for granting international protection in a previous final procedure, without his own fault; and

(b) it attests that an alien may be subjected to persecution for the reasons set out in Section 12 or that he is in danger of serious harm under Section 14a.

(2) If a repeated application is not inadmissible, the Ministry shall decide to grant or refuse international protection unless another procedure is justified.

(3) If the alien has submitted a further repeated request for international protection and if there is no evidence, in the light of previous proceedings or a substantial change in circumstances relating to possible persecution for the reasons set out in paragraph 12 or to a threat of serious harm pursuant to paragraph 14a, that the alien may be subjected to persecution or threatened with serious harm, the Ministry of Justice shall stop the proceedings by order. The order terminating the procedure may be issued within 10 days of the date on which the application for international protection is submitted. The Ministry of Justice of the Court of Justice of the European Union shall deliver to the place or address of the place of residence on the territory, if the alien has been mentioned at the time of the submission of another repeated application for international protection; otherwise, the order terminating the procedure shall be deposited for 10 days at the asylum facility where the alien was last registered and the notice of deposit of the document shall be posted on the official plate of that asylum facility. The lodging of an action against an order terminating proceedings shall not have suspensory effect.

(4) For reasons of special consideration, the Ministry may consider repeated and further repeated applications as admissible.

§ 11b

(1) If the applicant for international protection has submitted a repeated application for international protection and the request for international protection has not been decided definitively or has been referred back to the Ministry for reconsideration by the court, the Ministry shall examine the repeated application together with the request to date.

(2) Requests for international protection are not a sign of will pursuant to Article 3 (1) made by:

(a) within the time limit for bringing an action against a decision of the Ministry on international protection, if the action was subsequently brought;

(b) after bringing an action against a decision of the Ministry on international protection having suspensory effect, until the Court of First Instance has jurisdiction,

(c) after bringing an action against a decision of the Ministry on international protection, which has no suspensive effect, until the order of the Regional Court to refuse to grant suspensive effect, if the alien has requested it,

(d) during the time limit for lodging the complaint, if the complaint was subsequently lodged,

(e) after the appeal has been lodged, which has suspensive effect, until the decision on the appeal has become final; or

(f) after the appeal has been lodged, which has no suspensive effect, until the order of the Supreme Administrative Court to not admit the suspensive effect, if the alien has requested it.

§ 11c

(1) A repeated application for international protection shall not be deemed to be the first repeated application for international protection lodged within 9 months of the date of the entry into force of the decision terminating the previous international protection procedure if the procedure for granting international protection has been terminated pursuant to § 25 (d), (e), (f), (h) or (j).

(2) In addition, a request for international protection submitted after the transfer to the territory under the directly applicable European Union20 shall not be deemed to be a repeated application for international protection and where the previous proceedings have been final in accordance with § 25 (a), (d), (e), (f), (h) or (j) respectively, or the Ministry has decided not to grant international protection and the decision has been served in an alternative manner pursuant to § 24a (2) and has not been brought against it in due time under the administrative order of the courts.

(3) A repeated application for international protection shall not be considered to be an application for international protection lodged after the unauthorised entry into the territory of a safe third country by a stranger whose application for international protection has been found inadmissible pursuant to § 10a (1) (g), or where the European safe third country has not accepted back a stranger whose application for international protection has been found inadmissible under § 10a (1) (f).

(4) If a repeated application for international protection has been made after the date on which the decision closing the previous international protection procedure was taken and before the removal from the territory under the directly applicable European Union20), the Ministry will suspend the proceeding by a resolution. The order shall be recorded in the file and shall be notified to the alien if, when submitting a repeated application for international protection, he has indicated the address of the place of residence in the territory; otherwise the written notification shall be kept for 10 days at the asylum facility where the alien was last reported to reside and the notice of deposit of the document shall be posted on the official record of that asylum facility. The action against this order shall not be admissible. '.

32. in § 13 (2) (d) and § 14b (2) (d), "§ 2 (14)" is replaced by "§ 2 (1) (h)."

33.In Paragraph 14a (2) (c):

"(c) a serious threat to the life of a civilian or his human dignity due to arbitrary violence in a situation of international or internal armed conflict; or"

34. In Article 15 (1) of the Introductory Part of the provision, the words "even if the reasons referred to in Article 12 or 13 are established, but are 'are replaced by the words" if'.

35. in Article 15 (1) (b):

"(b) has committed a serious non-political crime or a particularly cruel act prior to the issuing of a decision by the Ministry on the international protection of a serious non-political crime or a particularly cruel act, even though it has allegedly been committed with a political objective outside the territory, or"

36. in § 15a (1) of the introductory part of the provision, the words "under § 14a or 14b" shall be deleted and the words "even if the reasons referred to in § 14a are found, but is" shall be replaced by "if."

37. in Article 15a (1) (b):

"(b) committed a serious crime,"

38. Under Article 16, the heading is inserted: "Obvious unfounded application for international protection '.

39. In Article 16 (1) of the Introductory Part of the provision, the words "the granting of international protection does not indicate that he could be subjected to persecution for the reasons set out in Article 12 or that he is threatened with serious harm under Article 14a, and at the same time 'are inserted after the word" the applicant'.

Zobrazit všechna ustanovení (1483)

Comments 0

To write comments, please sign in.

Regulation Information

Citation	Act No. 314 / 2015 Coll., amending Act No. 325 / 1999 Coll., on Asylum, as amended, Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and on the amendment of certain laws, as amended, Act No. 221 / 2003 Coll., on the Temporary Protection of Foreigners, as amended, and other related laws
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	03.12.2015
Effective from	18.12.2015
Effective until	-
Status	Valid

Legal Areas: Transport Finance International law International public law Civil law Civil law substantive Fees Administrative offences Administrative authorities Administrative law Administrative procedure Constitutional (state) law Science and research General internal administration Fundamental human rights

The regulation text is for informational purposes only.