Act No. 317 / 1993 Coll.
Act amending and supplementing Act No. 498 / 1990 Coll., on Refugees
Valid
Effective from 01.01.1994
317
THE LAW
of 8 December 1993
amending and supplementing Act No. 498 / 1990 Coll., on Refugees
Parliament has decided on this law of the Czech Republic:
Act No. 498 / 1990 Coll., on Refugees, is amended as follows:
1. note 1) reads as follows:
"1) § 1 (3) of Act No. 123 / 1992 Coll., on the residence of foreigners in the Czech and Slovak Federal Republic."
2.
The status of refugee may also be granted to a spouse and minor children of a stranger who has been granted refugee status under Paragraph 2 (1) even if they do not fulfil the conditions laid down therein. '
3.
"(2) After a declaration made in accordance with paragraph 1, the passport inspection authority shall issue a licence (Annex 2) authorising the free transport to a designated refugee camp. The card is valid 24 hours after its issue. '
4. In Paragraph 5 (4), "48 hours' is replaced by" 24 hours';
5. In Article 5 (5), the following sentence is added at the end: "At the same time, travel or other document to which the alien has demonstrated his identity shall be retained."
6. Article 5 (6), including footnote 2, reads:
"(6) If a foreigner fails to comply with the conditions laid down, his continued residence in the Czech Republic shall be assessed in accordance with special regulation.2)
2) Act No. 123 / 1992 Coll. '.
7. in Article 7 (2) (a), the words "quarantine measures, possibly similar from a health point of view to the necessary measures," shall be inserted after the words "inspections,";
8. Paragraph 11 shall become paragraph 1 and the following paragraphs 2 and 3 shall be added:
"(2) If the Ministry of the Interior finds the request as manifestly unfounded when submitting the request, it shall decide at the latest seven days after the date of the request for refusal. Before a decision is taken, the Ministry of the Interior shall be required to call upon the applicant for an interview to provide an explanation of the reasons for which the request may be found to be manifestly unfounded. If the applicant has provided an explanation and his request cannot then be considered as manifestly unfounded, the procedure laid down in paragraph 1 shall be followed.
(3) The request appears to be unfounded if:
(a) the applicant does not provide cooperation to establish a reliable identity, in particular his citizenship, or, if he has no citizenship, his last permanent residence;
(b) the applicant is a citizen of a State or, if he has no citizenship, has had his last permanent residence in the territory of a State where, on the basis of generally known facts, he is not at risk of persecution within the meaning of Article 2 (1);
(c) the Ministry of the Interior is aware of the reasons set out in Section 4;
(d) the applicant justifies the application only by an economic emergency. "
9. In Paragraph 14 (1) (c), "Czechoslovak citizenship 'is replaced by" citizenship of the Czech Republic'.
10.
(1) An applicant or refugee shall be entitled to submit decomposition within 15 days of the date of service of the decision against a decision given pursuant to § 11 (1), § 12 or § 14. At the time of decomposition has suspensive effect.
(2) The applicant shall have the right to lodge a decomposition against a decision under Paragraph 11 (2) within three days of the date of service of the decision. At the time of decomposition has suspensive effect.
(3) The breakdown provided for in paragraphs 1 and 2 is decided by the Minister for the Interior.
(4) An application for review of the decision of the court) may be made within 30 days of the date of service of the decision of the Minister of Interior on decomposition.
3) § 247 to 250k of the Civil Code. '
11. Note 4:
"4) § 33 (3) of Act No. 123 / 1992 Coll. '.
12. in Paragraph 19 (1), the words "Czechoslovak citizen" are replaced by the words "citizen of the Czech Republic."
13. In Article 19, the following paragraph 2 is inserted after paragraph 1:
"(2) For the purposes of health insurance and social security, a refugee shall be considered to be a foreigner authorised to stay permanently. ';
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
14. In Paragraph 19 (3), the words "or Slovak 'are deleted.
15. In Annex No 2, the words "the instruction that a certificate to prove the identity of the holder is used for 48 hours after issue 'are deleted.
Where in Act No. 498 / 1990 Coll. is used the term
(a) "Czech and Slovak Federal Republic" means the Czech Republic,
(b) "territory, national borders or an agent of the Government of the Czech and Slovak Federal Republic" means the territory, national borders or an agent of the Government of the Czech Republic;
(c) "National Security College" means the Police of the Czech Republic;
(d) "Federal Ministry of the Interior" means the Ministry of the Interior.
This Law shall take effect on 1 January 1994.
Uhde v. r.
Havel v. r.
Klaus v. r.
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Regulation Information
| Citation | Act No. 317 / 1993 Coll., amending and supplementing Act No. 498 / 1990 Coll., on Refugees |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.12.1993 |
|---|---|
| Effective from | 01.01.1994 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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