Procedure for Granting International Protection in the Czech Republic
Basic legal framework, characteristics of the Asylum Act,
- General overview of the subject matter covered by Act No. 325/1999 Coll., the Asylum Act, as amended
- Course of administrative proceedings for granting international protection
- Alien’s stay at asylum facilities
General overview of the subject matter covered by Act No. 325/1999 Coll., the Asylum Act, as amended
Basic legal framework
- Article 43 of the Charter of Fundamental Rights and Basic Freedoms (Constitutional Act No. 2/1993 Coll.)
- Act No. 325/1999 Coll., on asylum and amendment to Act No. 283/1991 Coll., on the Police of the Czech Republic, as amended (Asylum Act), as amended (effective date: as of 1 January 2000)
- Act No. 500/2004 Coll., Code of Administrative Procedure, as amended (effective date: as of 1 January 2006)
- Act No. 150/2002 Coll., Code of Administrative Justice, as amended (effective date: as of 1 January 2003)
- Act No. 326/1999 Coll., on the Residence of Aliens in the Territory of the Czech Republic, as amended (effective date: as of 1 January 2000)
- Act No. 221/2003 Coll., on Temporary Protection for Aliens, as amended (effective date for the majority of provisions: as of 1 January 2004)
- Convention relating to the Status of Refugees from 1951 and the associated New York Protocol from 1967 (published under No. 208/1993 Coll.), also known as the Geneva Convention
- Convention on the Rights of a Child (published under No. 104/1991 Coll.)
- Convention for the Protection of Human Rights and Fundamental Freedoms from 1950 (published under No. 209/1992 Coll.)
- European law specifically addressing issues pertaining to asylum and refugeehood
Characteristics of the Asylum Act
- The Asylum Act fully respects international obligations, namely the Geneva Convention and the European Asylum Acquis.
- As a legal standard, the Asylum Act contains both material law as well as procedural law provisions. Within the procedural section however it contains only the necessary digressions from the administrative code and thus the administrative code applies in a substantiating manner to proceedings for granting international protection.
- The Asylum Act cannot be defined as a code, as the legal provisions for some of the issues pertaining to applicants for international protection, recognised refugees and persons with subsidiary protection are contained in other legal standards, such as the Education Act, social legislation, healthcare standards, etc. The Asylum Act primarily resolves the conditions for the entry and stay of an alien who wishes to apply for international protection in the Czech Republic; the rights and obligations of applicants for the granting of international protection, recognised refugees and persons under subsidiary protection; the procedure for the granting or withdrawal of international protection; the conditions of receiving international protection; the competency of the Ministry of the Interior and other involved bodies; the state integration programme; and asylum facilities.
The Asylum Act
- addresses the topic of international protection, i.e., specifically defines the basic terms – expression of intention to apply for international protection, application for international protection; applicant for international protection; recognised refugee; person under subsidiary protection; persecution. Further, it defines various forms of international protection (asylum and subsidiary protection); the different types (asylum pursuant to Section 12, Section 13 and Section 14 and subsidiary protection pursuant to Section 14a and Section 14b); and the conditions for granting, withdrawing and terminating the specified forms of international protection
- addresses the conditions for receiving applicants for international protection and the accommodation conditions for recognised refugees and persons under subsidiary protection, i.e., namely the rights and obligations associated with their stay in the territory of the Czech Republic; the administrative proceedings as such; their position within the framework of the social and healthcare systems; conditions for their stay at asylum facilities; the possibility of receiving financial contributions, etc.
- contains the provisions and legal basis for issuing documents to applicants for international protection, recognised refugees and persons under subsidiary protection
- defines the state integration programme as well as the jurisdiction of state bodies active in relation to international protection and asylum facilities