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Asylum, Migration, Integration

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

Course of administrative proceedings for granting international protection

The Asylum Act differentiates between

Alien’s stay at asylum facilities

The Asylum Act mentions asylum facilities. These are understood to include reception centres, accommodation centres and integration asylum centres. The various asylum facilities are differentiated on the basis of the purposes they serve. All of the facilities are established by the Ministry of the Interior of the Czech Republic.
The asylum facilities are managed by the Refugee Facility Administration, an organisation funded from the budget of the Ministry of the Interior of the Czech Republic.

All the workplaces and offices at the asylum facilities and alien detention centres are managed by the Asylum Management Division – Prague Branch of the Department for Asylum and Migration Policy of the Ministry of the Interior of the Czech Republic.

Reception centres

Applicants are obligated to stay at a reception centre for the period of time stipulated by law (for the purposes of performing identification processes, a medical examination, etc.). A breach of the obligation to remain at a reception centre is considered to be an offence.

Reception centres are located:

in the municipality of Zastávka u Brna (Havířská 514, P.O. Box 14, 664 84 Zastávka u Brna, Tel. +420 546 411 087)
at the Prague Ruzyně Airport (Prague – Ruzyně, Aviatická 12, 160 08 Prague 6)

Applicants are subsequently transferred to an accommodation centre. The accommodation centre provides accommodation for an applicant for international protection up until the time that the decision issued in the international protection matter becomes legally effective. The applicant for international protection has the right to receive accommodation, meals and other services under the conditions set forth by the Asylum Act for pocket money at the asylum facility at which the applicant has his/her registered address. The applicant participates in paying the expenses for meals and accommodation; however only the applicant’s financial resources that exceed the subsistence minimum of the applicant and accompanying family members can be used for paying these expenses. The applicant also has the right to leave the accommodation centre and live in private quarters if certain conditions are met (only under the condition that the Ministry allows the departure to a private address according to the information provided by the police). If the applicant has a registered address outside of the accommodation centre, he/she can be provided with a financial contribution under certain conditions. This financial support is paid out for a period of no more than three months and is intended to be used only for overcoming problems during the first few months of residing outside of asylum facilities.

Accommodation centres are located in the following municipalities: