What is Act No 314 / 2025 Coll.?

Act No. 314 / 2025 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 amending certain laws, 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, and other related laws.

When it became Act No 314 / 2025 Coll. effectiveness?

Act No 314 / 2025 Coll. became effective 12.06.2026.

Is Act No 314 / 2025 Coll. still valid?

Yes, Act No 314 / 2025 Coll. is still valid and effective.

How many times was it Act No 314 / 2025 Coll. amended?

Act No 314 / 2025 Coll. has 6 time versions of the text.

Act No 314 / 2025 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, and other related laws

Valid Law Effective from 12.06.2026

Text versions: 12.06.2026 01.01.2026 01.10.2025 03.09.2025 02.09.2025

ČÁST PRVNÍ Čl. I „§ 3a „§ 3aa § 3ab „§ 3d „§ 3e „§ 8 „§ 10 § 10a „§ 11 „§ 13 „§ 14 „§ 15 „§ 16 „§ 17 „§ 18 „§ 19 „§ 21 „§ 23 „§ 24 „§ 25 „§ 28 § 29 „§ 30 „§ 31 „HLAVA IV § 32 § 32a § 32b § 32c § 32d § 32e § 32f § 33 § 33a § 33b § 33c § 33d § 33e § 33f § 33g § 33h § 33i § 33j § 33k § 33l § 33m § 33n § 33o § 33p § 33q „§ 45a „§ 46b § 46c § 46d § 46e § 46f „§ 47a „§ 56c § 56d „§ 73 § 74 „§ 78b „§ 80a „§ 85 „§ 88 „§ 88b „§ 92c „§ 93c Čl. II ČÁST DRUHÁ Čl. III „§ 6 „§ 11 § 12 „§ 118a „§ 169v „§ 180c Čl. IV ČÁST TŘETÍ Čl. V Čl. VI ČÁST ČTVRTÁ Čl. VII „§ 5a § 5b § 5c § 5d ČÁST PÁTÁ Čl. VIII „§ 21ca ČÁST ŠESTÁ Čl. IX „§ 68a ČÁST SEDMÁ Čl. X Čl. XI ČÁST OSMÁ Čl. XII ČÁST DEVÁTÁ Čl. XIII ČÁST DESÁTÁ Čl. XIV ČÁST JEDENÁCTÁ Čl. XV ČÁST DVANÁCTÁ Čl. XVI ČÁST TŘINÁCTÁ Čl. XVII ČÁST ČTRNÁCTÁ Čl. XVIII ČÁST PATNÁCTÁ Čl. XIX

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314

THE LAW

of 23 July 2025

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, and other related laws

ČÁST PRVNÍ

Amendment of the Asylum Act

Čl. I

Act No. 25 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2011, Act No. 20 / 2002 Coll., Act No. 25 / 1999 Coll., Act No. 25 / 1999 Coll., Act No. 22 / 2003 Coll., Act No. 501 / 2004 Coll., Act No. 20 / 2004 Coll., Act No. 20 / 2004 Coll., Act No. 25 / 2002 Coll.

1. footnotes 1 and 19 are deleted, including the footnotes.

2. Paragraph 2 (1) and (2) reads as follows:

"(1) For the purposes of this Act:

(a) an application for international protection as provided for in Article 3 (12) of Regulation (EU) 2024 / 1348 of the European Parliament and of the Council (the "asylum procedural Regulation");

(b) the applicant for international protection, the person referred to in Article 3 (13) of the Asylum Procedure Regulation;

(d) by providing data on the application for international protection pursuant to Article 28 of the Asylum Procedure Regulation;

(e) by a decision of the Ministry concerning international protection of a decision to reject an application for international protection as inadmissible, manifestly unfounded, unfounded, tacit withdrawn, expressly withdrawn, termination of proceedings, exclusion from asylum or supplementary protection, granting asylum or additional protection, extending or non-renewal of asylum or additional protection, withdrawal or non-withdrawal of asylum or supplementary protection, and transfer;

(f) a minor person referred to in Article 3 (6) of the Asylum Procedure Regulation;

(g) unaccompanied minors, the person referred to in Article 3 (7) of the Asylum Procedure Regulation;

(h) a family member of the applicant for international protection, the person referred to in Article 3 (9) of Regulation (EU) 2024 / 1347 of the European Parliament and of the Council (hereinafter referred to as the "Qualification Regulation") and in Article 14;

(i) a decision to grant asylum as a refugee pursuant to Article 13 of the Qualifying Regulation, a decision to grant asylum pursuant to Article 12 (1) (a) and a decision to grant asylum for family reunification; the decision to grant asylum pursuant to Article 12 (1) (a) and the decision to grant asylum for family reunification is not a decision to grant refugee status,

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

(k) the final decision of the Ministry on international protection, if no action has been brought, and the decision of the Regional Court on the action against the Ministry's decision on international protection; Where a decision on the withdrawal of asylum or supplementary protection or a decision not to extend additional protection is taken, the decision on the appeal shall also be final,

(l) international protection proceedings resulting in a ministerial decision on international protection,

(m) a repeated request for an application for international protection pursuant to Article 3 (19) of the Asylum Procedure Regulation;

(n) a further repeated application by the third and each subsequent application pursuant to Article 56 (b) of the Asylum Procedure Regulation.

(2) An asylum means an alien,

(a) to whom the decision granting asylum has been served for the duration of the decision granting or extending asylum;

(b) which has made a request for an extension of asylum during the period of validity of the decision granting or extending asylum;

1. until such time as the decision on the application becomes final,

2. during the period of the time limit for bringing an action pursuant to Article 32a against a decision in this case,

3. during the period for which the time limit for the lodging of a possible appeal in this case has expired, or

4. during the course of legal proceedings for an action and for a complaint against the case; or

1. the expiry of the time limit for bringing an action under Article 32a against the decision to withdraw asylum;

2. the expiry of the time limit for lodging any appeal in this case; or

3. the legal proceedings for the action and the appeal in this case. ';

3. in § 2 (3) (b) (2) and § 2 (3) (c) (1), "32" is replaced by "32a."

4. footnotes 20 and 21 are deleted, including the footnotes.

5. In Article 2, paragraphs 4 to 7 are deleted.

6. Paragraph 3 (1) is deleted.

Paragraphs 2 to 6 shall be renumbered paragraphs 1 to 5.

7. In Article 3 (1), the first sentence is replaced by the following: "The request for international protection is not a manifestation of the will of a stranger as provided for in Article 2 (1) (a) during his travel. '; in the second sentence, the words" the first sentence' are replaced by the words "Article 2 (1) (a) 'and the words' the last sentence 'are deleted.

8. In Section 3 (2) of the introductory part of the provision, the words "paragraph 1 'are replaced by the words" Paragraph 2 (1) (a)'.

9. in Article 3 (2) (a):

"(a) after having obtained the legal authority of a court, whether the extradition of a stranger to a foreign State is admissible for criminal prosecution, for the execution of a custodial sentence or for a protective measure linked to the deprivation of liberty, or from the date of the consent of a stranger to a foreign State, or after having obtained the legal authority of a court to transfer a stranger to a foreign State under a European arrest warrant for the execution of a custodial sentence or for the execution of a protective measure linked to the deprivation of liberty, or from the date of the granting of consent of an alien to a European arrest warrant to a foreign State under the law on international judicial cooperation in criminal matters,";

10. in Article 3 (2), the word "or" shall be deleted at the end of point (b).

11. in Paragraph 3, the dot is replaced by a comma at the end of paragraph 2 and the following points (d) and (e) are added:

"(d) after having acquired legal authority, the court's decision to impose the expulsion penalty; or

(e) in a situation where there is a reason for transmission under an international agreement negotiated with other Member States of the European Union before 13 January 2009 or a reason for relocation pursuant to Article 42 of Regulation (EU) 2024 / 1351 of the European Parliament and of the Council ("the Asylum and Migration Management Regulation"). "

12. in Article 3 (3):

"(3) However, in the case of paragraph 2 (a) and (d), a request for international protection shall be a manifestation of the will of a stranger pursuant to Paragraph 2 (1) (a), on the basis of which the content of which it can reasonably be considered 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, pursuant to Paragraph 24 (5), whether his will is considered to be an application for international protection.

13. in Article 3, paragraphs 4 and 5 are deleted;

14. In Article 3a (1) of the Introductory Part of the provision, the words "the alien is entitled 'are replaced by the words" the alien who intends' and the word "protection 'is replaced by the words" protection, he is obliged to appear in person and to submit it'.

15. in Article 3a (1), the words "in which case the application may be made in writing" shall be added at the end of the text in point (b). "

16.

„§ 3a

(1) 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.

(2) 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. In addition, joint management shall be conducted in all situations referred to in Article 32 (2) of the Asylum Procedure Regulation. The express withdrawal of one of the applications shall cover all applications in joint proceedings. ';

17. the following Sections 3aa and 3ab are inserted after Section 3a:

„§ 3aa

The Ministry shall register the application for international protection within 5 days of receiving information on its submission. Where the period from registration of an application for international protection under the Asylum Procedure Regulation is calculated, it shall be calculated from the start of the registration.

§ 3ab

(1) A stranger who intends to apply for international protection is obliged to appear in person and to submit it

(a) Police

1. at the border crossing point, not for a stranger transferred under an international treaty or under a Regulation on the management of asylum and migration,

2. at the reception centre,

3. to the Foreign Police Department of the Regional Police Directorate ("the Police Department"), provided that he has volunteered; or

4. In the case of a foreigner who has been secured or resident there, with the exception of a foreigner who has been secured or resident for the purpose of his transfer or transit under an international treaty negotiated with other Member States of the European Union before 13 January 2009 or for the purpose of his transfer under Article 42 of the Asylum and Migration Management Regulation ("the transfer"),

(b) an authorised official of the operator of the reception centre, or an establishment for the provision of foreigners, if he is a stranger in such facilities secured or resident, with the exception of a stranger secured or resident 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 under the Regulation on asylum and migration management;

(c) to the Ministry, where it exercises security detention, detention or imprisonment; in that case, the request may be made in writing; or

(d) to an authorised staff member of a school establishment for the performance of a constitutional education or protective education or a facility for children requiring immediate assistance, if located there.

(2) Where an application is submitted, information shall be provided to the applicant on further steps in order to complete the registration and provide data on the application submitted; where the submission referred to in paragraph 1 (c) is concerned, the Ministry shall send this information to the applicant for international protection without undue delay. ';

18. in Paragraph 3b (1), the words "secured or accommodated" shall be inserted after the words "Authorisation."

19. in the first sentence of Paragraph 3b (2), the words "secured and accommodated" shall be inserted after the words "informed."

20. In the first sentence of Paragraph 3b (3), the words "from which it is evident that it seeks protection from persecution or serious harm in the Czech Republic 'shall be replaced by the words" pursuant to Paragraph 2 (1) (a)' and the words "pursuant to Paragraph 24 (5) 'shall be inserted after the word" communicated' and the last sentence shall be deleted.

21. In the first sentence of Paragraph 3c, the words "an application for international protection to the police pursuant to Article 3a (1) (a) (3) 'are deleted, the words" hospitalisation, performance of security detention, protection treatment' are replaced by the words "performance of security detention 'and the words" asylum facility designated by the Ministry' are replaced by the words "reception centre 'and the words" asylum facility' in the second sentence are replaced by the words "reception centre '.

22. § 3d reads:

„§ 3d

(1) Furthermore, the right to remain in the territory does not have an applicant for international protection who:

(a) has made a repeated application for international protection pursuant to Article 55 of the Asylum Procedure Regulation and the conditions laid down in Article 56 of the Asylum Procedure Regulation are fulfilled;

(b) submit a further repeated request; a decision imposing an obligation to return shall be enforceable if the conditions laid down in Article 56 of the Asylum Procedure Regulation are fulfilled,

(c) it is to be transmitted to an international criminal court or international criminal tribunal or to an international judicial authority which fulfils at least one of the conditions laid down in the Law on International Judicial Cooperation in Criminal Matters;

(d) it is to be issued to a Member State other than a Member State of the European Union which is different from that State;

1. the applicant for international protection is a national citizen; or

2. in which the person without citizenship was the last resident;

(e) poses a danger to public policy or the security of the State, without prejudice to Articles 12 and 17 of the Qualifying Regulation, where the application of this derogation does not result in the expulsion of the applicant to a third country contrary to the principle of non-refoulement; or

(f) to be transmitted on the basis of an arrest warrant to Great Britain, the Kingdom of Norway or Iceland.

(2) In the case of a stranger who is in the capacity of an applicant for international protection, the possibility of his forced departure from the territory is crucial whether or not he has the right to remain in the territory.

(3) The right to remain in the territory shall not have an applicant for international protection who is a citizen of a Member State of the European Union and is to be transferred to another Member State of the European Union on the basis of a European arrest warrant, an international criminal court or an international criminal tribunal, or an international judicial authority which fulfils at least one of the conditions laid down in the Law on International Judicial Cooperation in Criminal Matters. '.

23. The following Section 3e is inserted after Section 3d:

„§ 3e

The applicant for international protection shall cooperate fully in particular with the Ministry and the police and submit to the Ministry as soon as possible all documents relevant to the assessment of the application for international protection. ';

24.

„§ 8

Scope of the Ministry

Ministry

(a) register applications for international protection and decide on international protection;

(b) designate the State bound by the Regulation on asylum and migration management responsible for examining an application for international protection lodged in the territory;

(d) decide on security matters, on specific measures and restrictions on freedom of movement;

(e) proceed, if necessary, in accordance with Regulation (EU) 2024 / 1359 of the European Parliament and of the Council (hereinafter referred to as the "Crisis Regulation"),

(f) decide on the obligation to travel in the cases provided for by this law;

(g) decide on other matters under this law. "

25. in Article 9, the words "and (c)" shall be replaced by the words "(c) to (f)," after the words "further provisions on" shall be inserted the word "supporters" and after the word "hearing," shall be inserted the words "interruption of proceedings 5ga),"

26. Footnote 5ga reads:

"5ga) § 64 and 65 of the Administrative Order. '.

27. Sections 10 and 10a, including the title, read:

„§ 10

(1) An applicant for international protection is required, at the request of the Ministry, to appear at least 2 working days in advance to complete the registration and to provide the data for the application for international protection.

(2) The applicant for international protection is required to provide further information on:

(a) earlier surnames and other names used,

(b) its nationality, religious beliefs and political beliefs;

(d) residence in States bound by the Asylum and Migration Management Regulation;

(e) the date and manner of entry into the territory;

(f) the number and validity of the travel document;

(g) health status, health restrictions and other special needs;

(h) the reason for the application for international protection;

(i) whether he is or has been prosecuted or convicted of a criminal offence;

(j) the language in which it is able to communicate,

(k) the manner in which he travels to the territory; and

(l) visas or residence permits issued by other States or, where appropriate, details of previous applications for international protection in other States.

(3) The provision of data on the application for international protection shall include the completion of the registration of the application for international protection.

§ 10a

Inadmissibility of an application for international protection

(1) An application for international protection is inadmissible in the cases referred to in Article 38 of the Asylum Procedure Regulation.

(2) An application for international protection is inadmissible if it has been made by a citizen of the European Union27) which does not fulfil the conditions laid down by European Union28). "

28.

„§ 11

Further repeated application for international protection

If the alien has made a repeated request for international protection, the Ministry shall carry out a preliminary assessment of the new circumstances under Article 55 (3) to (5) of the Asylum Procedure Regulation. The Ministry shall, as a general rule, decide on the inadmissibility of another repeated application for international protection within 20 days of the date of its submission. The Ministry of Justice shall deliver the aliens on the spot, to the data box or to the address of the place of residence in the territory, if the alien was mentioned when submitting a further repeated application for international protection; otherwise it 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 last day of this period shall be the day of delivery. ';

29. The heading above Paragraph 11a is deleted.

30. Sections 11a to 11c are deleted.

(31) The heading above the designation of Section 12 shall be deleted.

32. Under the heading of Section 12, the following heading is inserted:

"Asylum."

33.In Article 12 (b):

"(b) be eligible for refugee status in accordance with Chapters II and III of the Qualifying Regulation.";

34. In Article 12, the current text becomes paragraph 1 and the following paragraph 2 is added:

"(2) Asylum shall be granted for a period of at least 3 years."

35. Paragraph 13, including the title, reads:

„§ 13

Additional protection

(1) Supplementary protection shall be granted to persons who are entitled to additional protection under Article 3 (6) of the Qualifying Regulation and for the purposes of family reunification.

(2) Additional protection is granted for at least 1 year. ';

36. Paragraph 14 shall be deleted, including the title.

37. Paragraph 14, including the title, reads:

„§ 14

International protection for family reunification

(1) A family member of a beneficiary of international protection as referred to in Article 3 (9) of the Qualifying Regulation, if the family has already existed before its arrival in the territory of the Member States of the European Union, shall be granted international protection for the purpose of bringing the family together, unless the security of the State or public order prevent it. The Ministry shall grant international protection for the purpose of merging the family in the same form and for the same time as its carrier.

(2) In addition, for the purposes of family reunification referred to in paragraph 1, a family member shall mean a registered partner, a partner under the Civil Code or similar officially confirmed cohabitation of same-sex persons, where such partnership or cohabitation existed prior to its arrival in the territory of the Member States of the European Union.

(3) A family member for the purposes of the family reunification referred to in paragraph 1 or 2 shall not be an unmarried partner or partner, even if they are in a permanent relationship.

(4) In the case of a polygamous marriage, if an asylum seeker already has a husband living with him in the Czech Republic, asylum may not be granted for the purpose of merging a family to another person who, under the law of another state, is the husband of an asylum seeker. "

38. The heading above the designation § 14a is deleted.

Paragraph 39 (14a) and (14b) are deleted, including the title.

40. The heading above the designation of Section 15 is deleted.

41. Paragraph 15, including the title, reads:

„§ 15

Exclusion from international protection

In addition, asylum and supplementary protection may not be granted where aliens are subject to international sanctions under the law governing the implementation of international sanctions consisting of a prohibition of entry or residence; The Ministry shall not carry out a substantive assessment of the application for international protection, nor shall it examine the grounds for granting international protection for the purpose of merging the family and shall proceed in accordance with Paragraph 51 (3) of the Administrative Regulation. '.

Article 42 (15a) shall be deleted;

43.

„§ 16

Obvious unfounded application for international protection

If, in an international protection procedure, the Ministry finds one of the facts referred to in Article 42 (1) or (3) of the Asylum Procedure Regulation, it shall reject an unfounded request for international protection as manifestly unfounded, unless otherwise justified. '

44. The heading above the designation of Section 17 shall be deleted.

45. Paragraph 17 (4) is deleted.

46.

„§ 17

(1) The beneficiary of international protection may request an extension of the period for which asylum or supplementary protection is granted. The Ministry shall extend the duration of asylum or supplementary protection if the grounds for which asylum or supplementary protection has been granted persist and if no grounds for withdrawal of asylum or supplementary protection are given.

(2) An interview shall not be conducted where a decision on extending asylum or additional protection can be taken.

(3) Asylum is extended by at least 3 years. Additional protection shall be extended by at least 2 years.

(4) Article 66 (5) of the Asylum Procedure Regulation applies mutatis mutandis in the procedure for extending international protection; The Ministry may decide to terminate the procedure for extending international protection.

(5) If the Ministry does not decide on a request for an extension of asylum or additional protection during the period of validity of the decision granting asylum or additional protection, the period laid down in this Decision shall be extended until the date on which the decision of the Ministry on an application for an extension of asylum or supplementary protection becomes final.

(6) The extension of international protection for the purpose of family reunification shall be treated mutatis mutandis. ';

Article 47 (17a) shall be deleted;

48.

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Regulation Information

Citation	Act No. 314 / 2025 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 amending certain laws, as amended, and other related laws
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	02.09.2025
Effective from	12.06.2026
Effective until	-
Status	Valid

Parliamentary Paper: Paper No. 931

The regulation text is for informational purposes only.