Full text of Act No. 437 / 2006 Coll.

Full text of Act No. 325 / 1999 Coll., on Asylum and Amendment to Act No. 283 / 1991 Coll., on the Police of the Czech Republic, as amended (Act on Asylum), as resulting from subsequent amendments

Valid
Text versions: 11.09.2006
437
PRESIDENT OF THE GOVERNMENT
Announces
full text of 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 follows from amendments made by Act No. 2 / 2002 Coll., Act No. 217 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 519 / 2002 Coll., Act No. 222 / 2003 Coll., Act No. 501 / 2004 Coll., Act No. 539 / 2004 Coll., Act No. 57 / 2005 Coll., Act No. 350 / 2005 Coll., Act No. 444 / 2005 Coll., Act No. 136 / 2006 Coll. and Act No. 165 / 2006 Coll.
ASYLUM LAW
Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

INTERNATIONAL PROTECTION

HLAVA I

INTRODUCTORY PROVISIONS
§ 1
Subject matter
The law rules
(a) the conditions of entry and residence of a stranger who intends to apply to the Czech Republic for international protection in the form of asylum or supplementary protection in the territory of 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 of the territory (1);
(b) procedures for granting international protection in the form of asylum or supplementary protection and procedures for withdrawing asylum or supplementary protection;
(c) the rights and obligations of the applicant for international protection, the asylum seeker and the beneficiary of supplementary protection in the territory;
(d) the competence of the Ministry of the Interior ("Ministry"), the Ministry of Education, Youth and Sports and the Police of the Czech Republic ("Police") in this area of government,
(e) the state integration programme;
(f) asylum facilities.
§ 2
Basic concepts
(1) The safe country of origin is 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,
(a) in which the state authority respects human rights and is capable of ensuring respect for human rights and legislation;
(b) which his citizens or persons without citizenship do not leave for the reasons set out in Section 12;
(c) which has ratified and respected international treaties on human rights and fundamental freedoms,
(d) which allows the activity of legal persons supervising the state of human rights.
(2) A safe third country means a State other than that of which a foreigner 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 before entering the territory and to which the alien may return and apply for refugee status under international treaties (1a), without being subjected to persecution, torture, inhuman or degrading treatment or punishment.
(3) Applications for international protection are applications made by a stranger who can be expected to seek asylum or supplementary protection in the Czech Republic.
(4) For the purposes of this Act, an applicant for international protection shall mean a stranger who has applied for international protection or a stranger who has submitted an application for international protection in another Member State of the European Union, if the Czech Republic is responsible for its assessment. The status of the applicant shall, for the duration of the procedure for granting international protection and for the duration of the legal proceedings for an action against a decision of the Ministry under special legislation (1b), be suspended if such action has suspensory effect.
(5) Asylum means an alien to whom asylum has been granted under this law for the duration of the decision granting asylum.
(6) A person enjoying additional protection shall mean a stranger who does not fulfil the grounds for granting asylum under this law but has been granted additional protection for the duration of the decision granting supplementary protection.
(7) For the purposes of this Act, serious violations of human rights, as well as measures acting on a psychological basis or other similar acts, shall be regarded as persecution if they are carried out, supported or suffered by State authorities, parties or organisations controlling the State or a substantial part of its territory in the State of which the alien is a citizen or the State of the last permanent residence in the case of a person without citizenship. The conduct of private persons under the first sentence shall also be considered as persecution if it can be demonstrated that the State, parties or organisations, including international organisations, controlling the State or a substantial part of its territory are unable to adequately ensure protection against such conduct.
(8) A permanent residence for the purposes of this Act shall be understood as a State in which a person without citizenship has remained and has established links with that State of a more permanent nature before entering the territory.
(9) Asylum facilities for the purposes of this Act are the reception centre, the residence centre and the integration asylum centre (Title XI).
(10) An unaccompanied minor shall mean a person below 18 years of age who arrives in the territory of an unaccompanied adult responsible for him under the legal order applicable in the territory of the State whose citizenship a person under the age of 18 has, or if he is a citizen, in the territory of the State of his last residence, 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 1c).
(11) For the purposes of this Act, a decision of the Ministry on international protection shall mean a decision on granting asylum or supplementary protection, a decision not to grant international protection, a decision terminating proceedings, a decision rejecting an application for international protection as manifestly unjustified and a decision withdrawing asylum or supplementary protection.

HLAVA II

DECLARATION OF THE INTENSION OF THE APPLICATION FOR INTERNATIONAL PROTECTION, VISUAL AND TRANSPORT OF A FOREIGN TO THE ASYLUM EQUIPMENT
Declaration of intent to apply for international protection
§ 3
(1) A declaration of intent to apply for international protection (hereinafter referred to as the "declaration of international protection") means a manifestation of the will of a stranger, from which it is clear that a stranger seeks protection from persecution or serious harm in the Czech Republic.
(2) The declaration of international protection may be made in writing or orally into the Protocol.
§ 3a
The alien is entitled to make a declaration of international protection
(a) Police
1. at border transition2), if not for a stranger transmitted under an international treaty or legislation of the European Community2a),
2. at the reception centre,
3. at the Regional Directorate of the Foreign and Border Police Service (hereinafter referred to as the "Police Department"), provided that it has arrived voluntarily; or
4. in an establishment for the protection of aliens (3), with the exception of a stranger secured for the purpose of its transmission or transit under an international treaty or legislation of the European Communities (2a); or
(b) to the Ministry where he is hospitalised in a medical institution or carries out detention or imprisonment.
§ 3b
(1) The right of a foreigner to make a declaration of international protection in an outsourcing facility (3) expires 7 days after being informed by the police of the possibility of applying for international protection in the territory and the consequences of the expiry of that period.
(2) The police inform a stranger 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.
§ 3c
(1) For the purposes of providing health care (§ 88) and providing accommodation, food and other essential services (§ 42 (1) (a)), a stranger who has made a declaration of international protection is treated as an applicant for international protection (§ 42 (1) (a)).
(a) for as long as he is entitled to stay in the territory on the basis of a visa to stay within 90 days for the purpose of applying for international protection (hereinafter referred to as an entry visa);
(b) for a period of 5 days from the date of the declaration of international protection in cases where the entry visa is not issued to him;
(c) from the time of the declaration of international protection made in the course of hospitalisation or execution of the detention or imprisonment until he is obliged to attend the reception centre.
(2) For the period referred to in paragraph 1, the stay of the alien in the territory may not be terminated by official decision.
Entry visa
§ 3d
(1) The entry visa shall be issued to a stranger who has made a declaration of international protection at the border crossing point, at the reception centre or at the police department and has proved his identity by means of a travel document or certified it by an honest declaration.
(2) The entry visa is issued by the police.
(3) The entry visa shall be valid for 30 days from the date of its issue.
(4) The entry visa shall be valid for the period indicated therein.
§ 3e
(1) An alien who has made a declaration of international protection at the border crossing point or at the police department shall be granted an entry visa authorising residence in the territory for the period necessary to arrive at the reception centre designated by the Ministry.
(2) The period of stay shall be deemed to have elapsed for the duration of the obstacle to the will of an independent stranger, preventing his arrival at the reception centre.
(3) The stranger is obliged
(a) the obstacle to notify the police or the Ministry without undue delay;
(b) arrive at the reception centre within 24 hours of the end of the obstacle.
(4) Upon arrival, the police will extend the stay on the entry visa to a stranger until the date fixed by the Ministry of International Protection (Section 10).
§ 3f
A foreign citizen who has made a declaration of international protection at the reception centre shall be granted an entry visa authorising residence in the territory until the date fixed by the Ministry for Application for International Protection (§ 10).
§ 3g
An entry visa may not be issued if an alien:
(a) is entitled, at the time of the declaration of international protection, to reside in the territory on the basis of a residence permit under special legislation (4); or
(b) make a declaration of international protection in the transit area of an international airport.
Transport Aliens to asylum facility
§ 4
(1) The police will transport a foreigner who has made a declaration of international protection at the border crossing point or at the police department to a reception centre designated by the Ministry, if the state of health of the alien so requires, or if there is a reasonable concern that he will not be present at the reception centre within the prescribed period.
(2) The costs of transporting aliens are borne by the Ministry.
§ 4a
(1) A stranger who has made a declaration of international protection is obliged to travel to a reception centre designated by the Ministry within 24 hours of being released from the hospital, the exercise of custody or the execution of a prison sentence; Article 4 (1) applies mutatis mutandis.
(2) The period referred to in paragraph 1 shall not run as long as the obligation prevents an obstacle to the will of an independent stranger.
(3) The stranger is obliged
(a) the obstacle to notify the police or the Ministry without undue delay;
(b) arrive at the reception centre within 24 hours of the end of the obstacle.
§ 4b
An applicant for international protection who has been released from a foreign detention facility shall be brought by the Ministry to the designated asylum facility.
§ 4c
(1) An alien who has made a declaration of international protection is required 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 international protection is also required to undergo 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.

HLAVA III

INTERNATIONAL PROTECTION PROCEDURE
§ 5 až 7
cancelled
§ 8
The Ministry is competent
(a) the procedure for granting international protection and the procedure for withdrawing asylum or supplementary protection;
(b) to designate the Member State of the European Union responsible for examining the application for international protection (1d), if the Czech Republic is not the competent.
§ 9
The administrative rules shall apply to the international protection procedure and to the procedure for the withdrawal of asylum or supplementary protection, with the exception of the provisions on service to the address for service or electronic address communicated to the subscriber (5), the provisions on the service of documents intended for himself and served on request by another means of asylum (5a), the provisions on service to addressees staying in a foreign country (5b), the provisions on official destination5c), the provisions on the custody of persons unknown to stay and persons residing abroad, where they fail to deliver 5d), the provisions on the provision on the provision of a representative for service (5e), and the provisions on the possibility of recourse to documents other than participants and their representatives (5f), the oral procedure (g), the publication of a copy of the operative of the decision at the request), the time of the time of the decision (h), the time of the judicial procedure.
§ 10
Initiation
(1) The procedure for granting international protection shall be initiated by applying for international protection on the form set out in Annex 1.
(2) An application for international protection is entitled to be made by a stranger who has made a declaration of international protection.
(3) A stranger who has already requested international protection in the Czech Republic is entitled to apply for international protection not earlier than 2 years after the final conclusion of the previous proceedings. Where an alien has requested a judicial review of an administrative decision, the date on which the judicial decision is acquired shall be considered as the beginning of a two-year period. The two-year period shall not apply where the procedure for granting international protection initiated by the application for international protection has been terminated pursuant to § 25 (a) or (h) and the Czech Republic is responsible for examining its new application for international protection1d). Furthermore, the two-year period shall not apply to the submission by a stranger of an application for international protection, for which it has been decided in an administrative expulsion procedure under a special legislature4) that it is not possible to leave the territory.
(4) In the case of special consideration, the Ministry may waive the period laid down in paragraph 3.
(5) The Ministry shall, without undue delay, invite the alien to submit an application for international protection in writing; specify the place and time limit for the submission of the request in the invitation. In the invitation, the Ministry shall inform the alien in writing in the mother tongue or in the language in which he is able to communicate, of the rights and obligations of the applicant for international protection and of the right at any time to seek assistance from a natural or legal person dealing with the provision of legal assistance or protection of refugees and the Office of the United Nations High Commissioner for Refugees (the High Commissioner's Office). The Ministry shall inform the applicant in writing of the granting of international protection within a reasonable time, but not later than 15 days after the declaration of international protection, if it is not possible to provide a warning in the invitation.
§ 10a
Inadmissibility of an application for international protection
An application for international protection shall be inadmissible,
(a) if it has been submitted by a citizen of the European Union5k) who does not fulfil the conditions laid down by the law of the European Community5l); or
(b) where another Member State of the European Union1d is responsible for examining an application for international protection.
§ 10b
Transport of an applicant for international protection to a Member State of the European Union responsible for examining an application for international protection
If the procedure for granting international protection has been terminated because of the inadmissibility of the application for international protection under Paragraph 10a (b), the Ministry shall ensure the transport of the applicant for international protection to the Member State of the European Union responsible for examining the application for international protection1d).
§ 10c
Transport of the applicant for international protection in case the Czech Republic is responsible for examining the application for international protection
In case the Czech Republic is responsible for examining the application for international protection (1d), the Ministry shall ensure the transport of the applicant from the border crossing point to the reception centre or the Ministry designated by the residence centre.
§ 11
The procedure for the withdrawal of asylum or supplementary protection shall be initiated at the initiative of the Ministry.
Reasons for granting asylum
§ 12
Asylum shall be granted to foreigners if it is found in the procedure for granting international protection that an alien
(a) is persecuted for the application of political rights and freedoms; or
(b) has a reasonable fear of persecution on grounds of race, sex, religion, nationality, belonging to a particular social group or for the holding of certain political views in the State of citizenship of which he has, or, in the case of a person without citizenship, in the State of his last permanent residence.
§ 13
Asylum for family reunification
(1) A family member who has been granted asylum under Article 12 or Article 14 shall, in the case of special consideration, be granted asylum for the purpose of reunification of the family, even if, in the case of an international protection procedure, there is no grounds for granting asylum under Article 12.
(2) A family member shall be:
(a) the spouse of the asylum seeker;
(b) a single child of an asylum seeker under the age of 18;
(c) a parent of an asylum seeker under the age of 18; or
(d) an adult responsible for an unaccompanied minor pursuant to Article 2 (10).
(3) The term of marriage before asylum is granted to the asylum seeker is a prerequisite for granting asylum to the family of the asylum seeker.
(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.
§ 14
Humanitarian asylum
If the procedure for granting international protection does not establish a reason for granting asylum under Paragraph 12, asylum may be granted for humanitarian reasons in cases of special consideration.
Reasons for granting additional protection
§ 14a
(1) Supplementary protection shall be granted to a stranger who does not meet the grounds for granting asylum if it is found in the procedure for granting international protection that, in its case, there is reasonable concern that if a stranger is returned to a State of which he is a national citizen or if he is a stateless person, to a State of his last permanent residence, he would be in danger of serious harm under paragraph 2 and that he cannot or is not willing to benefit from the protection of the State of which he is a national citizen or his last permanent residence because of such danger.
(2) Under this law, serious damage is considered to be
(a) the imposition or execution of the death penalty;
(b) torture or inhuman or degrading treatment or punishment of applicants for international protection;
(c) serious threats to life or human dignity due to arbitrary violence in situations of international or internal armed conflict; or
(d) if travelling abroad would be contrary to the international obligations of the Czech Republic.
§ 14b
Additional protection for family reunification
(1) A family member of a beneficiary of supplementary protection shall be granted additional protection for the purposes of family reunification in case of special consideration, even if the procedure for granting international protection does not reveal a reason for granting it.
(2) A family member shall be:
(a) the spouse of the beneficiary of the supplementary protection;
(b) a free child of a beneficiary of supplementary protection under 18 years of age;
(c) the parent of a beneficiary of supplementary protection who is under 18 years of age; or
(d) an adult responsible for an unaccompanied minor pursuant to Article 2 (10).
(3) The condition for granting supplementary protection for the purpose of merging the family of the spouse of the beneficiary of the supplementary protection is the duration of the marriage before the grant of supplementary protection to a stranger.
(4) In the case of a polygamous marriage, if a person already enjoying the supplementary protection of a husband living with him in the territory of the Czech Republic, additional protection may not be granted for the purpose of merging a family to another person who, under the law of another State, is a spouse of a person enjoying additional protection.
Reasons excluding the granting of international protection
§ 15
(1) Asylum may not be granted even if the grounds set out in paragraphs 12 or 13 are established, but it is reasonable to suspect that an alien who has applied for international protection
(a) has committed a crime against peace, war or humanity within the meaning of international documents containing provisions on such offences;
(b) has committed a serious non-political offence outside the territory prior to the application for international protection; or
(c) has committed acts contrary to the principles and objectives of the United Nations.
(2) A stranger who encourages or participates in the commission of acts referred to in paragraph 1 shall be subject to paragraph 1 mutatis mutandis.
(3) Asylum may no longer be granted if:
(a) the alien enjoys protection or support from other United Nations bodies or professional organisations than the Office of the High Commissioner; If, for any reason, protection or support is not further granted to persons whose status is not finally decided in accordance with the provisions of the relevant decisions of the United Nations General Assembly, the provisions of this Law shall apply to it,
(b) the alien is recognised by the competent authorities of the country in which he has established himself as having his permanent residence as having been granted rights and obligations equivalent to nationality to that State; This does not apply if there is a state in which he is threatened with persecution under Section 12.
§ 15a
(1) Additional protection under § 14a or 14b may not be granted even if the grounds set out in § 14a are established, but it is reasonable to suspect that a stranger who has submitted an application for international protection
(a) has committed a crime against peace, war or humanity within the meaning of international documents containing provisions on such offences;
(b) has committed a particularly serious offence;
(c) has committed acts contrary to the principles and objectives of the United Nations; or
(d) presents a danger to the security of the State.
(2) A stranger who encourages or participates in the commission of acts referred to in paragraph 1 shall be subject to paragraph 1 mutatis mutandis.
(3) Furthermore, the additional protection may not be granted to a stranger who has committed one or more offences other than those referred to in paragraph 1 outside the territory if he has left the State of which he is a national citizen or, in the case of a person without citizenship, the State of his last permanent residence only in order to avoid prosecution for them, provided that they are acts for which a custodial sentence may be imposed in the Czech Republic.
§ 16
(1) An application for international protection shall be rejected as manifestly unfounded if the applicant:
(a) state only economic reasons;
(b) without any serious reason, it provides incorrect information on its identity or citizenship or refuses to provide such information;
(c) requests international protection only to escape a general emergency situation;
(d) in a repeated application for international protection, it shall indicate, in principle, the same facts as or similar to those of the previous application, or other facts which, however, were or had to be known to it when the previous application for international protection was submitted;
(e) comes from a State which the Czech Republic considers to be the third safe country or safe country of origin, unless it is established that, in its case, that State cannot be regarded as such,
(f) has more than 1 citizenship and has not benefited from the protection of one of the States whose citizenship it has, unless it proves that, for the reasons set out in Paragraph 12 or 14, it has been unable to benefit from such protection;
(g) does not indicate the fact that he may be subjected to persecution for the reasons set out in § 12 or 14a;
(h) presents the facts manifestly unreliable;
(i) may find effective protection in another part of the State of nationality of which he or she is a citizen in another part of the State of his last residence, where the fear of persecution appears to apply only to a part of the State, taking into account the personal situation of the applicant for international protection; or
(j) in order to make it difficult to establish the facts of the case, it has destroyed, damaged or hidden its travel document or other important document or, to that end, submitted a forged or altered travel document or other important document.
(2) An application for international protection shall be rejected as manifestly unfounded if it appears from the applicant's procedure that it has lodged it in order to avoid imminent expulsion, extradition or surrender for criminal prosecution, although it may have applied for international protection earlier, and unless the applicant proves otherwise.
(3) A decision to refuse an application for its apparent unfounded status may be taken no later than 30 days after the date of the initiation of the international protection procedure.
(4) An unaccompanied minor may not be rejected as manifestly unfounded.
Grounds for withdrawal and termination of asylum or supplementary protection
§ 17
(1) The asylum granted for a reason under Paragraph 12 shall be withdrawn if:
(a) before granting the asylum claim, the asylum seeker made false statements or omitted the essential facts to establish the grounds for the decision;
(b) the asylum seeker has voluntarily reused the protection of the State of which he is a national citizen or the State of the last permanent residence;

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Regulation Information

CitationFull text of Act No. 437 / 2006 Coll., 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 resulting from subsequent amendments
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation11.09.2006
Effective from-
Effective until-
Status Valid
The regulation text is for informational purposes only.
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