Act No. 498 / 1990 Coll.
Refugee Act
Valid
Effective from 01.01.1991
498
THE LAW
of 16 November 1990
on refugees
The Federal Assembly of the Czech and Slovak Federal Republic decided on this law:
The purpose of this Act is to regulate the procedure of state authorities in refugee proceedings and to determine the rights and obligations of foreigners, 1) who have applied for a grant or who have been granted refugee status in the Czech Republic.
(1) The status of refugee is admitted by a stranger who has a reasonable fear of persecution in the State of his nationality for reasons of race, religion, nationality, belonging to a particular social group or political beliefs.
(2) If a foreigner has more than one citizenship, the term "State whose citizenship he has" means any State whose citizenship he has acquired.
(3) If the alien has no citizenship, the term "State whose citizenship is" means the State of his last permanent residence.
The status of refugee may also be granted to a spouse and minor children of a stranger who has been granted refugee status under Paragraph 2 (1) even if they do not fulfil the conditions laid down therein.
(1) The refugee status shall not be confessed to a stranger who:
(a) accept voluntarily the protection of the State of which it has citizenship;
(b) voluntarily regain its lost citizenship;
(c) acquire new citizenship and accept the protection of the State of which citizenship has been acquired;
(d) voluntarily reresides in a State which has left out of justified fear of persecution;
(e) it may enjoy the protection of the State of nationality of which it has, since the grounds set out in Paragraph 2 (1) have ceased to exist,
(f) has more than one citizenship and, without reason based on reasonable fear, has not benefited from the protection of one of the States whose citizenship it has,
(g) has no citizenship and may return to the State of his last permanent residence because the reasons set out in Paragraph 2 (1) have ceased to exist.
(2) The status of refugee shall also not be confessed to a stranger who:
(a) commit a crime against peace, humanity or war crime;
(b) has committed another particularly serious intentional offence;
(c) committed acts which are in gross conflict with the objectives and principles of the United Nations and with the objectives and principles of the international conventions by which the Czech Republic is bound.
(1) A stranger intending to apply for refugee status is obliged to notify the authorities of passport control of this when crossing the national border of the Czech Republic by written declaration (Annex 1).
(2) After a declaration made in accordance with paragraph 1, the passport inspection authority shall issue a licence (Annex 2) authorising the free transport to a designated refugee camp. The card is valid 24 hours after its issue.
(3) A stranger who has declared to the passport control authorities pursuant to paragraph 1 that he will apply for refugee status shall be obliged to attend the designated refugee camp immediately.
(4) If the public interest requires the transport of a stranger to a refugee camp under the supervision of members of the Police of the Czech Republic, the transport must take place no later than 24 hours after the declaration made pursuant to paragraph 1. During this period, a stranger is obliged to stay in a designated place.
(5) The alien is required to submit a request for refugee status (hereinafter referred to as "the request") within 24 hours of his arrival at the refugee camp at the designated form (Annex 3). At the same time, a travel document or other document showing his identity shall be retained.
(6) If a foreigner fails to comply with the conditions laid down, his continued residence in the Czech Republic shall be assessed in accordance with special regulation.2)
For foreigners under 15 years of age, a legal representative or a designated guardian shall apply. If the consent of the second legal representative is necessary, his consent may be replaced by a decision of the court.
(1) A stranger who has applied for refugee status ("the applicant") shall be exempt from all costs or charges relating to the procedure for granting refugee status and shall be entitled to the free provision of an interpreter in connection with that procedure.
(2) The applicant must:
(a) undergo medical examinations, quarantine measures, or similar measures, if appropriate, from a health point of view;
(b) stay until the application has been processed at the designated refugee camp; the exemption may, with the agreement of the decision-making authority, authorise the conduct of the refugee camp,
(c) actively cooperate during the application procedure, in particular to provide complete and true information and explanations on the application;
(d) comply with the established refugee camp regime.
The Ministry of Interior shall issue an identity card to the applicant for the period of residence in the refugee camp (Annex 4), which entitles him
(a) to stay on the territory of the Czech Republic under the conditions laid down in § 7 (2) (b);
(b) free provision of accommodation, catering and other services connected with residence in a refugee camp;
(c) to provide the necessary medical care free of charge;
(d) to pay the allowance (in persons over 15 years of age).
The Ministry of the Interior is responsible for the proceedings under this Act.
The procedure for granting refugee status shall be initiated on the date of the written application pursuant to Article 5 (5).
(1) The decision on the application shall be taken by the Ministry of the Interior within 90 days of the date of the application. If, in view of the nature of the matter, it is not possible to decide within this period, the Minister of the Interior of the Czech Republic may extend it accordingly. The applicant shall be informed in writing of the extension of the time limit.
(2) If, at the time of the request, the Ministry of the Interior finds the request as manifestly unfounded, it shall decide at the latest seven days after the date of the request for refusal. Before a decision is taken, the Ministry of the Interior shall be required to call upon the applicant for an interview to provide an explanation of the reasons for which the request may be found to be manifestly unfounded. If the applicant has provided an explanation and his request cannot then be considered as manifestly unfounded, the procedure laid down in paragraph 1 shall be followed.
(3) The request appears to be unfounded if:
(a) the applicant does not provide cooperation to establish a reliable identity, in particular his citizenship, or, if he has no citizenship, his last permanent residence;
(b) the applicant is a citizen of a State or, if he has no citizenship, has had his last permanent residence in the territory of a State where, on the basis of generally known facts, he is not at risk of persecution within the meaning of Article 2 (1);
(c) the Ministry of the Interior is aware of the reasons set out in Section 4;
(d) the applicant justifies the application only by an economic emergency.
(1) The Ministry of the Interior shall suspend the procedure for granting refugee status if the applicant:
(a) withdraw its application;
(b) does not provide the necessary cooperation to examine the application;
(c) intentionally repeatedly infringes the obligations laid down by this law;
(d) died during the proceedings.
(2) Where the procedure for granting refugee status has been definitively terminated, a new application may be lodged only if there have been substantial changes in the circumstances applicable to such an application.
The Ministry of the Interior shall decide:
(a) granting refugee status; or
(b) reject the application and, where necessary, discuss further measures with the authorities concerned.
(1) The Ministry of the Interior shall withdraw refugee status if:
(a) the refugee shall state in writing that he renounces his status;
(b) the refugee has been granted permanent residence in the Czech Republic;
(c) a refugee has been granted citizenship of the Czech Republic,
(d) the facts set out in Section 4 have occurred.
(2) The Ministry of the Interior may withdraw refugee status if:
(a) the refugee has committed an intentional offence or has repeatedly deliberately threatened public policy;
(b) the decision to grant refugee status has been made on the basis of false or incomplete data.
(1) The decision to terminate the procedure, reject the application or withdraw the refugee status shall be served on the applicant or the alien to whom that status has been granted, hereinafter referred to as "refugee," the Secretariat of the Government of the Czech Republic for Refugee Affairs and the United Nations High Commissioner for Refugees, if requested.
(2) After the decision to terminate the procedure, to reject the application or to withdraw refugee status has been given back to foreigners and their continued residence on the territory of the Czech Republic is assessed in accordance with special regulation.2)
(1) An applicant or refugee shall be entitled to submit decomposition within 15 days of the date of service of the decision against a decision given pursuant to § 11 (1), § 12 or § 14. At the time of decomposition has suspensive effect.
(2) The applicant shall have the right to lodge a decomposition against a decision under Paragraph 11 (2) within three days of the date of service of the decision. At the time of decomposition has suspensive effect.
(3) The breakdown provided for in paragraphs 1 and 2 is decided by the Minister for the Interior.
(4) An application for review of the decision of the court) may be made within 30 days of the date of service of the decision of the Minister of Interior on decomposition.
(1) An applicant or refugee may not be extradited or returned to a State where his life or freedom due to his or her race, religion, nationality, belonging to a particular social group or political conviction would be at risk.
(2) Paragraph 1 shall not apply to cases where a refugee endangers the security of the State or has been convicted of a particularly serious intentional offence. In such a case, foreigners may be allowed to seek admission in another State.
(1) The Ministry of the Interior shall issue a document of identity to the refugee .4)
(2) The Ministry of the Interior shall issue a travel document to a refugee at his request for travel abroad.
(1) The refugee has the same status as a national of the Czech Republic, with the following exceptions:
(a) has no voting right;
(b) is not subject to a military obligation;
(c) may pursue gainful activities only under the conditions laid down in the special arrangements for foreigners;
(d) may acquire immovable property only under the conditions laid down in the special arrangements for foreigners.
(2) The fugitive is considered to be a foreigner authorised to stay permanently for the purposes of:
(a) health insurance and social security;
(b) acquisition and withdrawal of citizenship of the Czech Republic under a special law. (4a)
(3) The refugee has the right to participate in free courses of the Czech language and the right to education provided under compulsory education. 5)
(4) The personal status of refugee shall be governed by the law of the State of which it has citizenship; if he has no citizenship, the law of the State of his last permanent residence. 6)
A stranger who, for objective reasons, was unable to show his intention to apply for refugee status when crossing the national border of the Czech Republic or for whom the reasons for the application arose only during his authorised stay on the territory of the Czech Republic, may apply for refugee status with the authorities of passport control, police department of the Czech Republic or in a refugee camp.
(1) The United Nations High Commissioner for Refugees may participate in refugee proceedings at any of its stages.
(2) The applicant or refugee has the right to contact the United Nations High Commissioner for Refugees at any time.
Unless otherwise provided for in this Act, general rules on administrative procedures shall apply in refugee proceedings. 7)
The residence permit in the Czech Republic issued by foreigners under special regulations (2) on the grounds referred to in Paragraph 2 (1) before the date of entry into force of this Act shall be deemed to be a refugee status on the date of application of this Act.
Transitional provision for adjustments effective from 31 May 1996
(1) The period of five years granted under the current refugee status rules expires on the date of application of this law.
(2) Foreigners who are granted refugee status on the date of application of this Act shall not be deprived of that status by expiry of the period referred to in the preceding paragraph.
This Act shall take effect on 1 January 1991.
Havel v. r.
Dubček v. r.
CHF
Příloha č. 1
Annex No 1
Příloha č. 2
Annex No 2
The card issued to foreigners to travel to a refugee camp has the following details:
- the identification of the issuing authority,
- the date of issue of the licence,
- the name and surname of the stranger,
- date and place of birth of the alien,
- the number of the travel document or other document to which the alien has demonstrated his identity,
- the designation of a refugee camp (address) to which an alien is obliged to attend without delay,
- the type of free transport (bus, train, mass urban transport), which, by decision of the issuing authority, the alien is entitled to use to travel to a refugee camp,
- the severable part of the licence to be withdrawn by the carrier and used for settlement in the event of use of free transport,
- the stamp of the issuing authority and the signature of the authorised official of that authority.
Příloha č. 3
Annex No 3
Příloha č.4
Annex No. 4
1) § 1 (3) of Act No. 123 / 1992 Coll., on the residence of foreigners in the Czech and Slovak Federal Republic.
2) Act No. 123 / 1992 Coll.
3) § 247 to 250k of the Civil Code.
4) Article 33 (3) of Act No. 123 / 1992 Coll.
4a) Act ČNR No. 40 / 1993 Coll., on the acquisition and renunciation of citizenship of the Czech Republic, as amended.
5) Act No. 29 / 1984 Coll., on the System of Primary and Secondary Schools (School Act), as amended.
6) § 33 of Act No. 97 / 1963 Coll., on Private International Law.
7) Act No. 71 / 1967 Coll., on Administrative Procedure (Administrative Regulations).
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Regulation Information
| Citation | Act No. 498 / 1990 Coll., on Refugees |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.12.1990 |
|---|---|
| Effective from | 01.01.1991 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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