Act No. 325 / 1999 Coll.
The Asylum Act
Valid
Law
Effective from 01.01.2000
Contents
ČÁST PRVNÍ
HLAVA I
§ 1
§ 2
HLAVA II
§ 3
§ 3a
§ 3b
§ 3c
§ 3d
§ 4
§ 4b
HLAVA III
§ 8
§ 9
§ 10
§ 10a
§ 11
§ 11a
§ 11b
§ 11c
§ 12
§ 13
§ 14a
§ 14b
§ 15
§ 15a
§ 16
§ 17
§ 17a
§ 18
§ 18a
§ 19
§ 20
§ 21
§ 22
§ 23
§ 23a
§ 23b
§ 23c
§ 23d
§ 24
§ 24a
§ 24b
§ 25
§ 26
§ 27
§ 28
§ 29
§ 31
§ 31a
HLAVA IV
§ 32
§ 33
§ 33a
HLAVA V
§ 34
§ 35
HLAVA VI
§ 36
§ 37
§ 38
§ 39
HLAVA VII
Díl 1
§ 41
§ 42
§ 42a
§ 43
§ 44
§ 45
§ 46
§ 46a
§ 47
§ 48
§ 49
§ 49a
Díl 2
§ 50
§ 50a
§ 51
§ 52
§ 53
Díl 3
§ 53a
§ 53b
§ 53c
Díl 4
§ 53d
§ 53e
§ 53f
Díl 5
§ 54
§ 54a
§ 55
§ 56
§ 56a
§ 56b
HLAVA VIII
Díl 1
§ 57
§ 58
Díl 2
§ 59
§ 59a
§ 59b
§ 59c
§ 60
Díl 4
§ 61
§ 61a
§ 61b
§ 62
§ 63
§ 64
§ 65
§ 65a
Díl 5
§ 66
§ 67
HLAVA IX
§ 68
§ 69
§ 70
HLAVA X
§ 71
§ 71b
§ 72
§ 73
§ 74
§ 76
§ 77
§ 78
§ 78b
§ 78d
HLAVA XI
§ 79
§ 80
§ 81
§ 81a
§ 82
§ 83
§ 84
HLAVA XII
§ 85
§ 85a
§ 85b
§ 86
§ 87
§ 87a
§ 88
§ 88a
§ 88b
§ 89
§ 89a
§ 90
§ 91
§ 91a
§ 92b
§ 92c
§ 93
§ 93a
§ 93b
§ 94
ČÁST TŘETÍ
§ 96
§ 97
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325
THE LAW
of 11 November 1999
on asylum
Parliament has decided on this law of the Czech Republic:
INTERNATIONAL PROTECTION
INTRODUCTORY PROVISIONS
Subject matter
The law rules
(a) the conditions of entry and residence of a stranger who has applied for international protection in the Czech Republic (hereinafter referred to as the "territory") and the residence of an asylum seeker or a person enjoying additional protection in the territory (1);
(b) international protection proceedings (19) and other proceedings under this law;
(c) the rights and obligations of the applicant for international protection, of the asylum seeker, of persons enjoying additional protection in the territory and of a stranger, as provided for by this law;
(d) the competence of the Ministry of Interior ("Ministry") and the Police of the Czech Republic ("Police") in this area of government,
(e) the state integration programme;
(f) asylum facilities.
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. In addition, the status of the applicant for international protection is held by an alien who has applied for international protection in another State which is bound directly by the applicable European Union20), and the Czech Republic has taken it into its territory in order to assess his application for international protection, unless a decision has already been given in the Czech Republic prior to the assessment of the need for international protection and which is no longer subject to review by the Regional Court,
(c) international protection proceedings resulting in a ministerial decision on 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, a third application for international protection, submitted by the same person and all subsequent requests, provided that, in proceedings concerning international protection:
1. any prior application has been decided not to grant international protection or to reject an application for international protection as manifestly unfounded;
2. the second application has been given a decision pursuant to § 15, 15a, 17 or 17a; or
3. The second application was terminated pursuant to Article 25 (i) on the grounds set out in Article 10a (1) (a) or (e).
(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 registered 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 equal sex persons is a registered 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:
(a) the decision granting asylum has been served for the duration of the decision granting asylum; or
(b) has been withdrawn from asylum, even for the
1. the expiry of the time limit for bringing an action under Article 32 against the decision to withdraw asylum;
2. the expiry of the time limit for lodging any appeal in this case; or
3. Proceedings concerning the action and the appeal in this case.
(3) A person enjoying additional protection shall mean an alien,
(a) to which the decision granting additional protection has been served, for the duration of the decision granting or extending additional protection;
(b) which, during the period of validity of the decision granting or extending additional protection, has submitted an application for extension of additional protection;
1. until such time as the decision on the application becomes final,
2. During the period of application of the time limit for bringing an action pursuant to Article 32 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 the legal proceedings for the action and the appeal in the case; or
(c) which has been withdrawn for an additional period of
1. the expiry of the time limit for bringing an action pursuant to Article 32 against the decision to withdraw supplementary protection;
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.
(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.
APPLICATION FOR THE GRANTING OF INTERNATIONAL PROTECTION AND TRANSPORT TO ASYLUM EQUIPMENT
Application for international protection
(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, the request for international protection is not a manifestation of the will of a stranger under paragraph 1
(a) after the decision to grant international protection has become final and after the decision of the Minister of Justice to authorise the extradition of a stranger, or after the decision of the court to hand over a stranger under the European arrest warrant for prosecution or for the execution of a custodial sentence in a foreign State under the law on international judicial cooperation in criminal matters,
(b) 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 set out in Section 145 (1) of the Act on International Judicial Cooperation in Criminal Matters; or
(c) after the date from which aliens are subject to international sanctions under the law governing the implementation of international sanctions consisting of a prohibition of entry or stay.
(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).
(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, if not for a stranger transferred under an international treaty or European Union Regulation (2a),
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 is secured or resident there, with the exception of a foreigner who is secured or resident for the purpose of his transfer or transit under an international contract negotiated with other Member States of the European Union before 13 January 2009 or a directly applicable European Union20), or
(b) to the Ministry, where it carries out security detention, protective treatment, detention or punishment, or is located in a school establishment for the performance of constitutional education or protection education or in a child establishment requiring immediate assistance; in that case, the application may be made in writing.
(2) The police and the person involved in providing legal assistance to refugees shall provide the person who intends to apply for international protection with information relating to international protection already at the border crossing point or in the transit area of an international airport.
(1) The authorisation of a secured or accommodated alien to apply for international protection in an outsourcing facility (3) expires 7 days after the police have been informed of the possibility of requesting international protection in the territory and the consequences of the expiry of that period.
(2) The police shall inform the insured and the staying alien of the authorisation to apply for international protection within the time limit referred to in paragraph 1 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.
(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.
The applicant for international protection shall be required to appear at the reception centre within 24 hours of being released from the exercise of security detention, detention or imprisonment. 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.
(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) The continuation of the applicant for international protection within the territory cannot be terminated by an administrative or judicial decision; This does not apply to applicants,
(a) which
1. has made a repeated application for international protection which is inadmissible under Paragraph 10a (1) (e); and
2. it is to be issued to a State of which it is a national citizen or in which the person without citizenship was the last resident; or
(b) which has submitted a further repeated application for international protection.
(3) Applicants for international protection may also:
(a) to transmit:
1. to another Member State of the European Union on the basis of a European arrest warrant,
2. to an international criminal court or international criminal tribunal; or
3. an international judicial authority which fulfils at least 1 of the conditions laid down in the Law on International Judicial Cooperation in Criminal Matters; or
(b) to issue 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.
Transport to the asylum facility
(1) The police will transport applicants for international protection who have submitted an application for international protection at the border crossing point or at the police department, to a reception centre designated by the Ministry, if required by the health status of the applicant for international protection or any other reason worthy of special consideration.
(2) The police will transfer the applicant for international protection, who has submitted an application for international protection in the transit area of an international airport where the reception centre is not operated, to the Ministry designated by another reception centre at an international airport or other asylum facility with reception centre mode at an international airport.
(3) The costs of transporting the applicant for international protection pursuant to paragraphs 1 and 2 shall be borne by the Ministry.
An applicant for international protection who has been released from a foreign detention facility shall be provided by the Ministry of Transport to the Ministry of the designated asylum facility.
MANAGEMENT IN THE CASE OF INTERNATIONAL PROTECTION AND OTHER MANAGEMENT UNDER THIS LAW
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;
(c) decide in the procedure for transmission to the competent State;
(d) decide on other matters under this law.
The administrative rules shall apply to the proceedings referred to in Article 8 (a) and (c), with the exception of the provisions on service to addressees who are staying abroad, 5b) on an official record, 5c) on the provision of custody to persons who are not resident abroad, 5f) on oral proceedings, 5g) on the issue of a copy of the decision at the request of the party, 5h) on the time limits for the adoption of the decision 5i), the provisions on appeal and the procedure for dissolution (j), the provisions on review proceedings (25) on the renewal of proceedings and the redecision (26).
(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, gender, 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, spouse or registered partner 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) whether he is or has been prosecuted or convicted for the commission of a criminal offence;
(n) the language in which it is able to communicate,
(o) the manner in which he travels to the territory; and
(p) visas or residence permits issued by other States and, 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, in the written instruction referred to in the third sentence of paragraph 1, 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.
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.
(1) The procedure for the withdrawal of asylum or supplementary protection shall be initiated at the initiative of the Ministry.
(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).
(3) Where a transfer procedure to the competent State is conducted, a decision on administrative expulsion may not be taken or enforced unless it has been notified by the Member State concerned that it has taken a decision prior to an assessment of the need for international protection and no longer subject to appeal.
(4) Where an application for international protection has been made after the date of the entry into force of the decision terminating the transfer procedure referred to in paragraph 2 and prior to the transfer from the territory under the directly applicable European Union20), the Ministry shall suspend the procedure for the application for international protection by a resolution. Paragraph 11c (5), second and third sentences shall apply mutatis mutandis.
Repeated application for international protection
(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) Where a stranger has submitted a further repeated request for international protection and where there is no evidence of a material 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, the alien may be subjected to persecution, to serious harm, or to the existence of grounds for asylum or additional protection for the merger of a family pursuant to paragraphs 13 and 14a, 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.
(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) following the lodging of a complaint which has no suspensive effect, until the order of the Supreme Administrative Court to not admit the suspensive effect or fail to comply with the application for interim measures has been given by the alien.
(3) An action against an order to postpone a case pursuant to paragraph 2 is not admissible.
(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) Furthermore, an application for international protection submitted after the transition of jurisdiction to examine an application for international protection to the Czech Republic in accordance with the directly applicable European Union20 is not considered a repeated application for international protection.
(4) 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).
Contents
ČÁST PRVNÍ
HLAVA I
§ 1
§ 2
HLAVA II
§ 3
§ 3a
§ 3b
§ 3c
§ 3d
§ 4
§ 4b
HLAVA III
§ 8
§ 9
§ 10
§ 10a
§ 11
§ 11a
§ 11b
§ 11c
§ 12
§ 13
§ 14a
§ 14b
§ 15
§ 15a
§ 16
§ 17
§ 17a
§ 18
§ 18a
§ 19
§ 20
§ 21
§ 22
§ 23
§ 23a
§ 23b
§ 23c
§ 23d
§ 24
§ 24a
§ 24b
§ 25
§ 26
§ 27
§ 28
§ 29
§ 31
§ 31a
HLAVA IV
§ 32
§ 33
§ 33a
HLAVA V
§ 34
§ 35
HLAVA VI
§ 36
§ 37
§ 38
§ 39
HLAVA VII
Díl 1
§ 41
§ 42
§ 42a
§ 43
§ 44
§ 45
§ 46
§ 46a
§ 47
§ 48
§ 49
§ 49a
Díl 2
§ 50
§ 50a
§ 51
§ 52
§ 53
Díl 3
§ 53a
§ 53b
§ 53c
Díl 4
§ 53d
§ 53e
§ 53f
Díl 5
§ 54
§ 54a
§ 55
§ 56
§ 56a
§ 56b
HLAVA VIII
Díl 1
§ 57
§ 58
Díl 2
§ 59
§ 59a
§ 59b
§ 59c
§ 60
Díl 4
§ 61
§ 61a
§ 61b
§ 62
§ 63
§ 64
§ 65
§ 65a
Díl 5
§ 66
§ 67
HLAVA IX
§ 68
§ 69
§ 70
HLAVA X
§ 71
§ 71b
§ 72
§ 73
§ 74
§ 76
§ 77
§ 78
§ 78b
§ 78d
HLAVA XI
§ 79
§ 80
§ 81
§ 81a
§ 82
§ 83
§ 84
HLAVA XII
§ 85
§ 85a
§ 85b
§ 86
§ 87
§ 87a
§ 88
§ 88a
§ 88b
§ 89
§ 89a
§ 90
§ 91
§ 91a
§ 92b
§ 92c
§ 93
§ 93a
§ 93b
§ 94
ČÁST TŘETÍ
§ 96
§ 97
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Regulation Information
| Citation | Act No. 325 / 1999 Coll., on Asylum (Act on Asylum) |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.12.1999 |
|---|---|
| Effective from | 01.01.2000 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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