Administrative proceedings for granting international protection
Administrative proceedings for granting international protection are held by the Ministry of the Interior of the Czech Republic. The commencement of these proceedings is bound to the alien’s declaration, from which the alien’s intention to apply for the granting of international protection is obvious. Other than in exceptional situations, the alien is obligated to appear at a reception centre within twenty-four hours of making the declaration, where he/she will file an application for international protection and the alien police will perform identification processes. The alien is obligated to surrender his/her travel document, undergo fingerprinting and be photographed. The alien is also required to undergo a medical examination at the reception centre.
The application for international protection is used to determine the reasons that led the alien to depart from the country where he/she was staying. Once all required tasks are completed, the applicant for international protection is transferred to an accommodation centre, where he/she awaits the first instance decision. Over the course of this period, an interview is conducted with the applicant, which is intended to more specifically define the reasons that were stated in the application for international protection. The ministry will issue a decision in the matter within a period of ninety days of the date on which proceedings are commenced. If a decision cannot be made within this timeframe due to the specific nature of the matter, the Ministry can extend it appropriately. The decision becomes legally effective as of the date it is delivered to the applicant. The Alien Police will issue a departure order to the alien on that date.
Proceedings for granting international protection can be terminated on the basis of a decision to reject the application as manifestly unfounded, or by discontinuing the proceedings. (More information is provided in the section titled: Course of administrative proceedings for granting international protection).
It is possible to file an action against the ministry’s decision with the applicable regional court (More information is provided in the section titled: Court review of actions and cassation complaints filed against decisions issued during administrative proceedings for granting international protection).