Act No. 350 / 2005 Coll.
Act amending Act No. 325 / 1999 Coll., on Asylum and amending Act No. 283 / 1991 Coll., on the Police of the Czech Republic, as amended, (Act on Asylum), as amended, and certain other laws
Valid
Law
Effective from 13.10.2005
Text versions:
13.10.2005
13.09.2005
Zobrazeno prvních 200 z celkem 370 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
350
THE LAW
of 5 August 2005
amending Act No. 325 / 1999 Coll., on Asylum and amending Act No. 283 / 1991 Coll., on the Police of the Czech Republic, as amended, (Act on Asylum), as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Asylum Act
Act No. 325 / 1999 Coll., on Asylum and Amendment to Act No. 283 / 1991 Coll., on Police of the Czech Republic, as amended, (Act on Asylum), as amended, 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. 539 / 2004 Coll. and Act No. 57 / 2005 Coll., is amended as follows:
1. In Article 2, at the end of paragraph 3, the words "if the action has suspensive effect 'shall be added.
2. Paragraph 2 (4) is deleted.
Paragraphs 5 to 9 shall be renumbered paragraphs 4 to 8.
3. In Article 2, the following paragraph 9 is added:
"(9) For the purposes of this Act, a decision by the Ministry on asylum shall mean a decision to grant or not to grant asylum, a decision to terminate the procedure, a decision to reject an application for asylum as manifestly unfounded and a decision to withdraw asylum. ';
(4) The heading of Title II shall read as follows: "DECLARATION OF THE INTENTION OF ASYL, VISUAL AND TRANSPORT OF A FOREIGN TO THE ASYLUM INSTALLATION."
5. In Article 3a (a), at the end of the text of point 1, the words "if not for a stranger transmitted under an international treaty or European Communities2a legislation 'shall be added.
Footnote 2a reads:
"2a) § 129 of Act No. 326 / 1999 Coll. '.
6. in Article 3a (a) (3):
'3. at the Regional Directorate of the Foreign and Border Police Service (hereinafter referred to as "the Police Department"), provided that he has arrived voluntarily; or ';
7. in Article 3a (a) (4), the words "with the exception of a stranger secured for the purpose of its transmission or transit under an international treaty or legislation of the European Community2a" shall be inserted after the word "foreigners,";
8. In Section 3c (1) of the Introductory Part of the provision, the word "free 'is deleted and the word" necessary' is inserted after the word "food and other '.
9. in Article 3c (1) (a), the words "entry visa" are replaced by the words "visa for stay within 90 days for the purpose of applying for asylum (hereinafter referred to as" entry visa ")."
10. in § 3d (1), § 3e (1), § 4 (1) and § 77 (4), the words "the Foreign and Border Police Department" shall be replaced by the words "the Police Department";
11. the following § 4c is inserted after § 4b:
(1) A stranger who has made a declaration of asylum is obliged to bear the removal of dactyloscopic fingerprints and the acquisition of a visual record in order to establish or verify his identity. The police take the prints, the Ministry takes the image.
(2) A stranger who has made a declaration of asylum is also obliged to have a personal inspection and inspection of his / her belongings in the event of a reasonable suspicion that he / she is hiding something which can be used as a basis for a decision, in particular a travel document or other document, or a matter threatening the life or health of persons or alcohol and other addictive substance. Paragraph 45 shall apply mutatis mutandis to the personal inspection and inspection of foreign affairs. '
12. in Article 10 (5), the word "in writing" shall be inserted after the word "grace."
13. in Article 16 (1), at the end of point (i), the word "or" or "shall be replaced by a dot and point (k) shall be deleted;
14. In Article 16, the following paragraph 2 is inserted after paragraph 1:
"(2) An application for asylum shall be rejected as manifestly unfounded if it appears from the applicant's procedure that he has lodged it in order to avoid imminent expulsion, extradition or surrender for criminal prosecution, although he may have applied for asylum earlier, and unless the applicant proves otherwise. '
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
15. in Article 17 (1) (a), Article 25 (d) and Article 49a, the words "reliable determination of the facts of the case" shall be replaced by the words "finding of the supporting documents for the decision."
16. In Paragraph 20, the sentence "Full power may not be granted to take over a decision of the Ministry on asylum shall be added at the end of paragraph 2. '.
17. in Article 23 (1), the words "a reliable finding of the facts of the case" shall be replaced by "a finding of the grounds for the decision," and at the end of the paragraph, the sentence "The interview shall not be carried out where the procedure for granting asylum can be stopped because of the inadmissibility of the application for asylum."
18.Paragraph 23 (2) reads as follows:
"(2) The asylum seeker shall be required to appear at a call for an interview at the place and time specified by the Ministry. If the interview does not arrive in accordance with the first sentence, a record shall be made of this fact. '
19. In Article 23 (3), the words "or, at the express request of the applicant for asylum," shall be inserted after the word "consideration."
20.
Service of documents to asylum applicants
(1) Documents shall be delivered to the applicant for asylum at the place of his / her registered residence (§ 77) or under the conditions laid down in paragraph 2 to the address for service.
(2) The address for service for the purposes of this Act is the address of the asylum facility to which the asylum seeker and the Ministry agree. The written record of the agreement shall indicate the name, surname and date of birth of the asylum seeker and the date from which he is to be served on the service address or, where appropriate, the date by which he is to be served on the service address and the address of the asylum facility. The Ministry shall deliver to the applicant for asylum to the address for service only if the applicant for asylum indicates that it is valid for at least 15 days; in other cases, the documents shall be served at the address of the registered stay. The service address may not be agreed upon until 1 year after the date of the initiation of the asylum procedure. A change to the address for service shall be agreed between the asylum seeker and the Ministry; the second sentence shall apply mutatis mutandis.
(3) Where the applicant for asylum at the place of service has not been contacted, the service provider shall deposit the document at the local premises of the holder of the postal licence, at the municipal office or at the reception or residence centre where the applicant for asylum is declared for residence and shall inform the applicant for asylum accordingly in an appropriate manner. If the addressee does not collect the document within 3 days of the deposit, the last day of that period shall be the day of service.
(4) If the applicant for asylum for temporary absence or for any other serious reason, without his fault, has not been able to pick up the document imposed within the prescribed period, he may object to an obstacle to service within 15 days of the date on which it passed. Within the same period, the asylum seeker must take over the document. The obstacle may be refused within 1 year of the date of deposit of the document.
(5) The Ministry shall issue a decision on whether the document has been served against which no decomposition is possible.
(6) A document addressed to an asylum applicant whose residence is unknown shall be deposited for 10 days at the reception or residence centre where the asylum applicant is declared to be present or, if declared to be absent from the asylum facility, at the Ministry designated by the asylum facility closest to his place of stay. The notice of deposit of the document shall be displayed at the reception or residence centre on the official plate. The last day of this period shall be the day of delivery. ';
21. in Paragraph 24a (1):
"(1) The same copy of the original of the decision shall be served on the party at the place and time specified in the written notice to take over the decision. The signature of the authorised person on the copy of the decision may be replaced by" own hand "or by" v. r. "and by" For the accuracy of the copy, "giving the name and, where appropriate, the name, surname and signature of the person responsible for the written copy of the decision."
22. in Paragraph 25 (d), "serious" is replaced by "serious."
23. in Article 25, the following point (g) is inserted after point (f):
"(g) the applicant for asylum has been granted citizenship of the Czech Republic during the procedure,"
Points (g) and (h) shall be renumbered as points (h) and (i).
24. In Paragraph 32 (2), the word "or 'at the end of point (b) is deleted, the dot at the end of point (c) is replaced by" or' and the following point (d) is added:
"(d) the procedure for granting asylum has been terminated because of the inadmissibility of the application for asylum."
25. Paragraph 32 (3) reads as follows:
"(3) The lodging of an action pursuant to paragraphs 1 and 2 shall have suspensory effect, with the exception of an action against a decision terminating proceedings pursuant to Paragraph 25 and an action against a decision pursuant to Article 16 (1) (e) and (f). ';
26. in Paragraph 32 (5):
"(5) The lodging of a complaint against the decision of the Regional Court on an action against a decision of the Ministry on asylum under paragraphs 1 and 2 shall have suspensory effect. '.
footnote 6a is deleted.
27.
The Tribunal shall stay the proceedings if:
(a) the applicant for asylum (applicant) has died during the proceedings;
(b) the place of residence of the asylum seeker (applicant) cannot be established;
(c) the applicant for asylum (applicant) entered the territory of another State illegally during the procedure;
(d) the applicant for asylum (s) has been granted citizenship of the Czech Republic during the procedure; or
(e) the applicant for asylum (applicant) shall not stay at the place of the registered stay and shall not be notified of the change to the court. ";
28. in Paragraph 41 (2):
"(2) The Ministry shall, without undue delay, forward the travel document to a stranger residing in the receiving centre of an international airport transit area to the police in order to terminate the stay of the alien, provided that:
(a) has not brought the action (1a) against a decision not to grant asylum or where the action has no suspensive effect;
(b) has not lodged a complaint (8a). ';
29. Paragraph 42, including footnote 9, reads:
(1) The applicant for asylum declared in an asylum facility shall be granted:
(a) accommodation, meals, basic hygiene products; and
(b) allowance under the conditions laid down in Section 42a.
(2) In addition to the services referred to in paragraph 1 (a), the Ministry may provide psychological, health, social and other necessary services and things, taking into account the individual needs of the asylum seeker and promoting conflict-free cohabitation in asylum facilities.
(3) The services referred to in paragraph 1 (a) and paragraph 2 shall be provided free of charge at the reception centre.
(4) An applicant for asylum declared for residence at a residence centre or an integrated asylum centre is involved in the payment of food and accommodation costs. In order to cover accommodation and subsistence costs, only the asylum seeker's funds may be used in excess of the minimum life limit laid down by the special legislation9).
(5) In the light of the possibilities of asylum facilities, a financial contribution corresponding to a minimum of life under a specific legislature9 may be granted to asylum applicants instead of a diet. For the duration of the financial contribution, the allowance is not applicable.
(6) In the case of special consideration, the services referred to in paragraph 1 or 2 may also be provided outside the asylum facility on the basis of a contract concluded by the Ministry with the service provider.
(7) By decree, the Ministry provides for a financial remuneration for the diet and accommodation provided at the level of the average necessary costs.
9) Act No. 463 / 1991 Coll., on Life Minimum, as amended. '
30. The following Section 42a is inserted after Section 42:
(1) The allowance is granted only when the asylum seeker is present.
(2) The allowance shall be paid in the payment period provided for in the implementing legislation. If the asylum seeker does not appear on the payment deadline for payment of the allowance without a serious reason, the entitlement to allowance for the payment period shall cease.
(3) If an asylum seeker over 18 years of age, staying in a reception or residence centre, is engaged in activities for the benefit of other asylum seekers, which serve to facilitate adaptation to the asylum environment while contributing to the proper functioning of the asylum facility and improving cohabitation, he may receive increased allowance. Such activities may be carried out on the basis of an award made by the Head of the Asylum Facility, up to a maximum of 12 hours a month. The total amount of the allowance after the increase may be up to twice the allowance provided for in the implementing legislation.
(4) By decree, the Ministry will determine the amount of the allowance per calendar day according to the age of the asylum seeker and the payment dates for the reception and residence centres. '
Article 31 (45) reads:
(1) The asylum seeker is obliged to grant the funds at his disposal and to surrender a matter threatening the life or health of persons or alcohol and other addictive substances.
(2) Where there is reason to believe that the asylum seeker has not committed the funds at his disposal, he shall be obliged to have a personal examination and a physical examination of his / her belongings, if he / she has not committed a life or health threat or alcohol and any other substance, or to hide something that can be used as a basis for the decision, in particular travel or other document.
(3) A search shall be carried out by the police at the request of the Ministry at the time of the arrival of the alien at the reception centre or at any time during the stay at the asylum facility on the grounds referred to in paragraph 2. The police will record the conduct of a personal search.
(4) A person of the same sex shall be examined in person.
(5) For the duration of the asylum procedure, the police shall withdraw the case found during the personal search or the examination of the cases referred to in paragraph 1, which may serve as evidence in the asylum procedure or in the designation of the Member State of the European Union responsible for examining the asylum application (1c) and transmit it to the Ministry. ';
32. in Paragraph 46 (1) (c), the words "residence visas for the purpose of the asylum procedure" are replaced by the words "residence visas within 90 days for the purpose of the asylum procedure (" asylum visas ")."
33. In Paragraph 46, the following paragraph 4 is inserted after paragraph 3:
"(4) An exit from the reception centre referred to in paragraph 1 shall not be considered as leaving the reception centre for the purpose of providing urgent health care or of carrying out a medical examination which cannot be carried out at the reception centre to determine whether an asylum seeker suffers from a disease affecting his or her life or the life or the health of others. ';
Paragraphs 4 to 6 shall be renumbered paragraphs 5 to 7.
34.
The asylum applicant shall:
(a) comply with the asylum rules;
(b) comply with the hygiene rules in the accommodation facilities of the asylum facility and participate in the facilities of the asylum facility in maintaining the hygiene standard established by the rules of accommodation;
(c) comply with the orders and instructions given by the police or the Ministry in carrying out tasks under this law at the asylum facility; and
(d) to investigate the property of the asylum facility and other accommodation. ";
35. the following Section 50a is inserted after Section 50:
(1) The Ministry shall provide a one-off financial contribution of a minimum of three days from the date on which the decision to grant asylum was granted to the applicant for asylum.
(2) The Ministry of Asylum shall inform the asylum authority in writing of its rights and obligations no later than 3 days after the date on which the decision granting the asylum takes effect. "
36. in Paragraph 54 (1) (b), including footnote 9c, the following shall be added:
"(b) within the time limit specified in the exit order under special legislation 9c).
9c) § 50 of Act No. 326 / 1999 Coll., as amended by Act No. 222 / 2003 Coll. '.
37. in § 54a (b):
"(b) a stranger, on the basis of his written request, lodged during the period of time for bringing an action against a decision of the Ministry pursuant to Paragraph 32 (1) or (2), within 7 days of the date of the decision of the Ministry under the special rule (1a), during the period of time for lodging a complaint, in the course of the appeal proceedings (8a) or within 24 hours of the date of the decision of the appeal."
38. In Paragraph 54a, the present text becomes paragraph 1 and the following paragraph 2 is added:
"(2) For the purposes of the provision of health care (§ 88), accommodation, food and other necessary services, a stranger who has applied for a voluntary return shall be treated as an asylum seeker until the time of travel or until notification by the Ministry that the costs associated with the voluntary return will not be reimbursed. '
39. in Article 56a (2), the words "the rejection of an application for asylum as manifestly unfounded" shall be inserted after the words "the decision not to grant asylum."
40. Paragraph 57 (5) reads:
"(5) The period of validity of the asylum applicant's licence shall be determined in accordance with the period of validity of the visa for the purpose of the asylum procedure. The period of validity of the applicant's asylum certificate may be repeated. In order to extend the period of validity, to make amendments or to supplement the data entered in the asylum application card, personal participation by the asylum applicant shall be required; The Ministry may, by reason of special consideration, authorise an exemption. ';
41. in Article 58 (1) (b), "or" shall be deleted; at the end of point (c), the dot shall be replaced by "or" and the following point (d) shall be added:
"(d) the decision of the Ministry on asylum or the decision of the Court of Justice against the decision of the Ministry under special legislation (1a) has become final."
42. In Articles 59 (4), 62 (1) and (2), 72 (3) and 78b (4), the words "the Foreign and Border Police Department" shall be replaced by "the Police Department."
43. In Paragraph 61, the words "to which the Czech Republic has granted asylum 'shall be added at the end of paragraph 6.
44. in Article 71 (1) (b):
"(b) the registration of the place of residence of applicants for asylum and the place of residence of asylum seekers;"
45. in Article 71 (1), the word "registration" shall be inserted at the beginning of point (d).
46. in § 71 (1) (e), the words "under § 47" are replaced by the words "under § 4c and 47."
47. Paragraph 71 (5) reads as follows:
"(5) The police shall keep a register of visas issued under this law, a record of the whereabouts of asylum seekers, the residence of foreigners who lodged a complaint, and the whereabouts of asylum seekers, and a record of dactyloscopic fingerprints taken from asylum applicants. Reporting services of the Czech Republic may use data stored in these registers, including personal data, when carrying out tasks under this Act and specific legislation12."
48. In Article 71 (6), the words "in writing 'shall be inserted after the words" paragraph 5'.
49. In Article 71, the sentence "The data stored on the technical medium of information shall be kept by the police for a period of 20 years from the year when the alien's stay in the territory ends' shall be added at the end of paragraph 6.
50. in Article 71a, the words "to other countries" shall be replaced by the words "to third countries";
51. in the second sentence of Article 72 (1), the words "on the day" shall be replaced by the words "not later than 3 days after the date."
52. In Paragraph 72, the following paragraph 4 is added:
"(4) If the alien is not registered for residence, the visa referred to in paragraph 1 and the extension of the period of residence referred to in paragraph 2 shall be issued by the competent police department according to the residence of the asylum facility where the alien was last reported. ';
53.In Paragraph 73 (2) (b), "30 'is replaced by" 45', at the end of point (b), the comma is replaced by a dot and point (c) is deleted.
54. In Paragraph 73 (3), the words "rejecting an application for asylum as manifestly unfounded 'are inserted after the words" no asylum is granted'.
55. in Paragraph 77 (2):
"(2) The applicant for asylum applies for a change to the declared stay by written request to the police department responsible locally for the new residence. The application shall be accompanied by a written certificate containing the consent of the owner of the object, which shall bear the number of the descriptive or registered or, where appropriate, the indicative number, and which shall be intended for housing or accommodation, or the designated part thereof, with the notification of the change of the place of residence; where the owner is a legal person, the certificate shall indicate its business name, registered office and identification number, the certificate shall bear a stamp and the name and, where appropriate, the name, surname and signature of the authorised person (statutory authority). The police will forward the request to the Ministry in 15 days' time with their comments. '
56. in Paragraph 77 (4), the words "(hereinafter referred to as" the police department ")" shall be deleted;
57. In Paragraph 77, the following paragraph 6 is inserted after paragraph 5:
"(6) The new place of stay shall become the place of the asylum seeker's declared residence on the date of registration. An applicant for asylum shall be required to submit to the Ministry for inspection an asylum application card no later than 3 working days after registration. '.
Paragraphs 6 and 7 shall be renumbered paragraphs 7 and 8.
58. In Paragraph 77, the following paragraph 8 is inserted after paragraph 7:
"(8) The Office of Foreign and Border Police shall decide on the appeal against the decision to revoke the data relating to the place of residence. ';
Paragraph 8 shall become paragraph 9.
59.In Paragraph 77 (9), "6" is replaced by "7."
60. In § 78b the title reads: "Stay on a visa for stay over 90 days for the purpose of staying in the territory '.
61.Paragraph 78b (1) reads as follows:
"(1) A visa for a stay of more than 90 days for the purpose of the stay in the territory (hereinafter referred to as the" residence visa ') shall be issued by the police department responsible for the place where the alien is registered. If not reported to be present, the police department shall be responsible for the place where the alien was last reported to be present. A visa shall be issued to a stranger located in a reception centre in the transit area of an international airport for the purpose of the stay in question by a foreign and border police report operating at that international airport. A visa for the purpose of the stay shall be issued at the request of a foreigner who submits proof of the lodging of a complaint against the court's decision to bring an action against the Ministry's decision on asylum. The visa for the purpose of the stay may not be granted if the alien makes a repeated appeal against the decision of the Regional Court, although the complaint against that decision has already been final or if the alien resides in the territory on the basis of a residence permit under special legislature4.'
62. In Article 78b (2), the first sentence shall be replaced by the sentence "The period of validity of the visa for the purpose of maintaining the police stay shall be fixed for the period necessary but shall not exceed 1 year; at the request of a stranger, the police shall extend the period of validity of the visa, even repeatedly. ';
63.In Article 78b, the following paragraph 5 is added:
"(5) The legal status of a foreigner residing in the territory with a visa for the purpose of the stay is governed by the Act on the residence of foreigners in the territory of the Czech Republic (4), unless otherwise provided for by this law."
64. in Paragraph 79 (3), the words "the Ministry may grant an exemption in the appropriate case" shall be deleted;
65. In Paragraph 79, paragraphs 5 and 6 are added:
"(5) The Ministry may exceptionally authorise the provision of food and accommodation in an asylum facility to persons other than those referred to in paragraphs 1 to 3, in particular:
(a) to a minor of a family member who has completed the asylum procedure if his legal representative is an applicant for asylum, but no longer than until the end of the asylum procedure,
(b) the legal representative for whom the asylum procedure has been terminated if the minor family member is an applicant for asylum but no longer than until the end of the asylum procedure,
(c) a national citizen of the Czech Republic, who is the legal representative of the asylum seeker; or
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 350 / 2005 Coll., amending Act No. 325 / 1999 Coll., on Asylum and amending Act No. 283 / 1991 Coll., on Police of the Czech Republic, as amended, (Act on Asylum), as amended, and certain other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.09.2005 |
|---|---|
| Effective from | 13.10.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0