Act No. 57 / 2005 Coll.
Act amending 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 amended, and Act No. 359 / 1999 Coll., on Social and Legal Protection of Children, as amended
Valid
Effective from 01.02.2005
57
THE LAW
of 27 January 2005
amending 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 amended, and Act No. 359 / 1999 Coll., on Social and Legal Protection of Children, as amended
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. and Act No. 501 / 2004 Coll., is amended as follows:
1. In the first sentence of Paragraph 2 (3), the words "or a stranger who has applied for asylum in another Member State of the European Union, if the Czech Republic is responsible for its assessment, shall be inserted after the words" asylum protection. "
2. In Section 2, the following paragraph 9 is added:
"(9) 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 persons under 18 years of age who have been left unaccompanied after arriving on the territory of 1b).
(1b) Council Directive 2003 / 9 / EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers.
3. Paragraph 8, including footnote 1c, reads:
The Ministry is competent
(a) the procedure for granting and withdrawing asylum;
(b) to designate the Member State of the European Union responsible for examining the asylum application (1c), if the Czech Republic is not the competent.
(1c) Council Regulation (EC) No 343 / 2003 of 18 February 2003 laying down the criteria and procedures for determining the Member State responsible for examining an asylum application lodged by a third-country national in a Member State. Commission Regulation (EC) No 1560 / 2003 of 2 September 2003 laying down detailed rules for the application of Council Regulation (EC) No 343 / 2003 laying down the criteria and procedures for determining the State responsible for examining a third-country national's asylum application in one of the Member States. '
4. In Paragraph 10, the sentence "The two-year period shall not apply at the end of paragraph 3 where the asylum procedure initiated by the application for asylum by a stranger has been terminated pursuant to Paragraph 25 (a) or (g) and the Czech Republic is responsible for examining its new application for asylum. 1c) ';
5. In Paragraph 10, the following sentence shall be added at the end of paragraph 5: "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 understand, of the rights and obligations of the asylum seeker 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 the interests of refugees and the Office of the United Nations High Commissioner for Refugees (the High Commissioner's Office). The Ministry shall inform the asylum seeker in writing within a reasonable time, but not later than 15 days of the declaration of asylum, if it is not possible to indicate the lesson in the call. '
6. The following Sections 10a to 10c are inserted after Section 10, including the headings and footnotes 5k and 5l:
Inadmissibility of an asylum application
An application for asylum 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) if another Member State of the European Union1c is responsible for examining the asylum application.
Transport of asylum applicants to the Member State of the European Union responsible for examining asylum applications
If the asylum procedure has been terminated because of the inadmissibility of the asylum application pursuant to Paragraph 10a (b), the Ministry shall ensure the transport of the asylum applicant to the Member State of the European Union responsible for examining the asylum application (1c).
Transport of asylum applicants where the Czech Republic is responsible for examining asylum applications
In case the Czech Republic is responsible for examining the asylum application (1c), the Ministry shall ensure the transport of the asylum applicant from the border crossing to the receiving or ministry of the designated residence centre.
5k) Article 17 of the Treaty establishing the European Communities.
5l) Protocol on the granting of asylum to nationals of the Member States of the European Union. '
7. in Paragraph 13 (2) (b), the word "or 'is deleted; at the end of point (c), the dot is replaced by the word" or' and the following point (d) is added:
"(d) the adult responsible for the unaccompanied minor referred to in Article 2 (9)."
8. In Article 13, the following paragraph 4 is added:
"(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."
9. In Article 16 (3), the words "If the applicant is not eligible for legal action (Article 92) and is not accompanied by a legal representative 'are replaced by the words" Unaccompanied minors'.
10. In Article 21, the following paragraph 3 is added:
"(3) A party to the proceedings shall be entitled to contact a legal or natural person providing legal assistance."
11. in Article 25, point (g) is deleted;
Point (h) shall be renumbered as point (g).
12. In Paragraph 25, at the end of point (g), the dot is replaced by "or 'and the following point (h) is added:
"(h) the application for asylum shall be inadmissible.";
13. The heading of Title VI shall read "HIGH COMMISSION OFFICE."
14. In Article 36, the words "the United Nations Refugee Organisation (the High Commissioner's Office) 'are deleted.
15. In Paragraph 38, the words "and with legal persons dealing with the protection of his interests' are replaced by" and with other organisations dealing with the protection of the rights of refugees'.
16. Paragraph 43 (8) is deleted.
17.
An applicant for asylum shall have the right, in the asylum facility in which he is registered, to accommodation with his spouse, a relative in a direct or other person close to the family, if he or she is an applicant for asylum and agrees to this. Persons claiming to have a personal relationship with each other shall be considered as close persons. ';
18. In Paragraph 45, the following paragraph 4 is added:
"(4) 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. ';
19. In Paragraph 46, the following paragraphs 3 and 4 are inserted after paragraph 2:
"(3) A stranger whose asylum procedure has been terminated because of the inadmissibility of his application for asylum pursuant to Paragraph 10a (b) shall not leave the reception or residence centre until he has been brought to the Member State of the European Union responsible for examining the application for asylum, with the exception of abandonment in order to leave the territory.
(4) An exit from a asylum facility referred to in paragraph 2 or 3 shall not be considered as an exit for the purpose of the participation of an applicant for asylum or a stranger in an ordered hearing before a public authority, providing urgent medical treatment or carrying out a medical examination to determine whether an applicant for asylum or a stranger is suffering from a disease affecting his or her life or health or the life or health of other persons if they cannot be carried out at the reception centre. In cases of leaving the asylum facility, as referred to in the first sentence, accompanied by an applicant for asylum or a foreigner shall be provided at the request of the Ministry of Police. ';
Paragraphs 3 and 4 shall become paragraphs 5 and 6.
20. In Paragraph 47, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The asylum seeker is obliged to undergo a health inspection, if necessary for the protection of public health9b).
9b) Act No. 258 / 2000 Coll., on the Protection of Public Health and on the amendment of certain related laws, as amended. '
21. in Article 57 (1) and (2):
"(1) The Ministry shall issue the asylum applicant's asylum certificate no later than 3 days after the asylum declaration.
(2) The Ministry shall issue an asylum seeker's medical certificate no later than 3 days after the arrival of the asylum seeker at the asylum facility, if the application for asylum was made at the time of the detention, the execution of the prison sentence or in the asylum seeker (3). "
22. in Paragraph 57 (4), the words "concerning the issued visa (§ 72) and its children under 15 years of age, where they are also applicants for asylum" shall be replaced by "and the issued visa (§ 72 and 85b)."
23. in Article 71 (1), at the end of point (f), the dot is replaced by a comma and the following point (g) is added:
"(g) the registration of foreigners whose asylum procedure has been terminated because of the inadmissibility of the application for asylum."
24. in Paragraph 71 (4), the words "and (g)" shall be inserted after the words "(a) to (d)."
25. in the first sentence of Article 72 (2), the words "for 60 days" shall be replaced by the words "up to 90 days" and the words "up to 60" shall be replaced by the words "up to 90 days."
26. In Paragraph 79, the following paragraph 1 is added:
"(1) Asylum facilities are intended for the collective accommodation of asylum seekers and asylum seekers under conditions ensuring the preservation of human dignity."
Paragraphs 1 to 3 shall be renumbered paragraphs 2 to 4.
27. In Paragraph 80, the sentence "Applicants for asylum shall have access to basic, secondary and higher vocational training under the same conditions as nationals of the Czech Republic (12c) is inserted at the beginning of paragraph 4."
Footnote 12c reads:
"12c) Act No. 561 / 200; 4 Coll., on Pre-school, Basic, Medium, Higher Vocational and Other Education (Education Act). '.
28. In Paragraph 81, the present text becomes paragraph 1 and the following paragraph 2 is added:
"(2) The operator of the reception or residence centre shall take into account the specific needs of the asylum seeker when he is an unaccompanied minor, a person under 18, a pregnant woman, a person with disabilities, a person who has been tortured, raped or subjected to other serious forms of psychological, physical or sexual violence, and, in the case of special consideration, another person. An unaccompanied minor shall be placed, upon completion of the operations referred to in Article 46 (1), in a school establishment for the performance of constitutional education or in the care of the person designated in the court decision, on the basis of a court decision. ';
29. The following Section 85b is inserted after Section 85a:
(1) The validity of a visa granted under this law may be limited to part of the territory in order to protect the security of the State, maintain public order, protect public health or comply with an international contract.
(2) When limiting the validity of a visa referred to in paragraph 1, the proportionality between the reason for and its consequences shall be maintained. In assessing the adequacy of the police, they take account in particular of the effects of this restriction on the private and family life of a stranger. A territorial limitation of the validity of a visa may be granted for a maximum period of 3 months from the start of the asylum procedure. ';
30. in Paragraph 87, the following paragraph 6 is added:
"(6) At the request of the Ministry, they shall arrange for acts under § 10b and 10c of the police. '
31. the following Article 88b is inserted after Article 88a:
In the search for family members of a child who has submitted a proposal to initiate an asylum procedure and who is in the territory of the Czech Republic unaccompanied by a person over 18 years of age who is responsible for the child under the rule of law applicable in the territory of the country of which the child is a citizen or, if the child is a person without citizenship, in the State of their last residence, it is necessary to proceed in such a way as not to jeopardise the life and freedom of the child and his family, in particular, in the State of nationality of which they have a child or, in the case that they are persons without citizenship, in the State of their last permanent residence. '
32. In Paragraph 89 (1), including footnotes 13 and 13a:
"(1) Where an unaccompanied minor is an applicant for asylum, a guardian shall be appointed by a court to protect his or her rights and the rights of protected interests associated with the stay in the territory under the special legislature13). With a view to the protection of the unaccompanied minor, the court shall, at the initiative of the Ministry, determine without delay the guardian by a provisional measure. Special legislation 13a) does not apply to proceedings for the provision of a guardian.
13) Act No. 94 / 1963 Coll., on Family, as amended.
13a) Act No. 97 / 1963 Coll., on Private International Law and Procedural Law, as amended. '
33. In the first sentence of Paragraph 89 (2), the words "aged 'shall be inserted after the words" unaccompanied minors'; the words "unaccompanied minors' shall be replaced by the words" unaccompanied minors'; the words "reported minors' shall be replaced by the words" unaccompanied minors'.
34. In Annex 1, point 11 (a), the words "and place 'shall be inserted after the word" and the word "birth' shall be inserted and the words" nationality, nationality 'shall be inserted.
35. In Annex 1, point 11 (b), the words "and locations' shall be inserted after the words" dates'.
36. in Annex 1, the following points 21 and 22 are inserted after point 20:
"21. Have you stayed after leaving your country in another Member State of the European Union? If yes, please indicate in which Member States of the European Union you have stayed (State, municipality, street), length and purpose of stay, the permit on the basis of which you have stayed (type, duration).
22. Have you left the territory of the Member States of the European Union? If so, please indicate when you have left the territory of the Member States of the European Union, where you have travelled and when you have returned to the territory of the Member States of the European Union. Describe the course of the journey. "
Points 21 to 32 shall become points 23 to 34.
37. In Annex 1, the following point 26 is inserted after point 25:
"26. When, where and how did you enter the territory of the Member States of the European Union? '
Points 26 to 34 shall be renumbered 27 to 35.
Amendment to the Act on Social Protection for Children
In Article 35 of Act No 359 / 1999 Coll., on Social Protection for Children, the dot is replaced by a comma at the end of paragraph 2 and the following point (j) is added, including footnote 34a:
"(j) helps to search for family members of a child who has submitted a proposal to initiate asylum procedures under a special legislation and is unaccompanied by a person over 18 who is responsible for the child under the legal order in force in the territory of the country of which the child is a citizen or, if the child is a person without citizenship, in the State of his last residence 34a).
(34a) Article 19 (3) of Council Directive 2003 / 9 / EC of 27 January 2003 laying down minimum standards for the reception of asylum seekers. "
footnote 34a shall be renumbered footnote 34b, including the reference thereto.
EFFECTIVE
This Law shall enter into force on 1 February 2005.
Zaoralek v. r.
Klaus v. r.
Gross v. r.
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Regulation Information
| Citation | Act No. 57 / 2005 Coll., amending 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, and Act No. 359 / 1999 Coll., on Social Protection of Children, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.02.2005 |
|---|---|
| Effective from | 01.02.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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