314/2015 Sb.
LAW
of 11 December. November 2015,
amending Act No. 325/1999 Coll., on asylum, as amended
legislation, Act No. 326/1999 Coll., on stay of foreigners on the territory of the Czech
Republic and amending certain laws, as amended,
Act No. 221/2003 Coll., on the temporary protection of aliens, as amended
regulations, and other related laws
Parliament has passed the following Act of the Czech Republic:
PART THE FIRST
Amendment of the asylum Act
Article. (I)
Act No. 325/1999 Coll., on asylum, as amended by law No. 2/2002 Coll., Act
No 217/2002 Coll., Act No. 320/2002 Coll., Act No. 519/2002 Coll., Act
No 222/2003 Coll., Act No. 501/2004 Coll., Act No. 539/2004 Coll., Act
No 57/2005 Coll., Act No. 350/2005 Coll., Act No. 444/2005 Coll., Act
No 112/2006 Coll., Act No. 137/2006 Coll., Act No. 165/2006 Coll., Act
No 170/2007 Coll., Act No. 343/2007 Coll., Act No. 379/2007 Coll., Act
No 129/2008 Coll., Act No. 140/2008 Coll., Act No. 274/2008 Coll., Act
No 41/2009 Coll., Act No. 197/2009 Coll., Act No. 227/2009 Coll., Act
No 281/2009 Coll., the finding of the Constitutional Court, declared under No 9/2010 Sb.
Law No 427/2010 Coll., Act No. 303/2011 Coll., Act No. 341/2011 Sb.
Law No 375/2011 Coll., Act No. 103/2013 Coll., Act No. 105/2013 Sb.
and Act No. 101/2014 Sb, is hereby amended as follows:
1. In article 1 (a). and), the words "manifest intent to apply" shall be replaced by the word
"" and the words "in the form of asylum or subsidiary protection" shall be deleted.
2. In article 1 (b)), including footnotes, no 19:
"(b)) the proceedings on the international protection of ^ 19) and another led by management according to
This law,
19) directive of the European Parliament and of the Council 13/32/EU of 26 March. June
2013 on common procedures for granting and withdrawing the status of
international protection (recast).
Directive of the European Parliament and of the Council of 13/33/EC of 26 April 1999. June
13, which establishes standards for the reception of applicants for international
protection (recast).
Regulation of the European Parliament and of the Council (EU) no 604/13 of 26 February.
June 2013, which lays down the criteria and mechanisms for determining the Member
the State responsible for examining an application for international protection lodged
third-country national or stateless person in the
one of the Member States (recast) ".
Footnote 1 shall be deleted.
3. In section 1 (b). (c)), the words "and azylanta" are replaced by the word "azylanta," and
at the end of the text, the words "and foreigners, which it provides for this
the law ".
4. In section 1 (b). (d)), the words ", the Ministry of education, youth and
Sports ' shall be deleted.
5. section 2 including title and footnote No 20-22:
"§ 2
The basic concepts
(1) for the purposes of this Act, means the
and international protection accorded protection) on the territory of foreigners in the form of
asylum or subsidiary protection,
(b)) by the applicant for grant of international protection from alien, who handed in the Czech
Republic of the application for the grant of international protection, which has not yet been
to a final decision. Position of the applicant for the grant of international protection
has the foreigner for the duration of the time limit for bringing an action under section 32 and after
the time of the court proceedings on the petition against the decision of the Ministry by
administrative judicial procedure, if the action has a suspensory effect, or to
the issue of the resolution of the regional court to reject suspensive effect, if
the stranger asked him. Position of the applicant for the grant of international protection
the stranger, who asked for the granting of international protection in another
the State, which is bound by the directly applicable European Union law ^ 20), and
It took over the Czech Republic on its territory for the purpose of the assessment of its
the application for the grant of international protection,
(c) in the case of international management) the protection procedure, the result is
the decision of the Department of international protection,
(d) the management of the transmission) to the competent State management, which results in
determining the State of the bound directly applicable EU regulation ^ 20),
who is obliged to take back the foreigners due to its jurisdiction to
assessment of a stranger lodged applications for international protection,
(e)) by the Ministry of international protection decision
issued under section 15 or 15a and the decision on granting asylum, the decision on the
the grant, renewal or non-renewal of supplementary protection, the decision on the
the refusal of international protection, the decision terminating the proceedings including
resolution on the termination of the proceeding, the decision rejecting the application for the grant of
international protection as manifestly unfounded and the decision on the withdrawal or
neodnětí asylum or subsidiary protection,
f) repeated requests for the granting of international protection request for the grant of
international protection made by the same person before the law
the decision of the Department of international protection, or at any time after
the acquisition of the decision of the Department of international protection,
(g)) the next recurring requests for the granting of international protection the second
repeated a request made by the same person after the entry into force of the decision
the Department of international protection, with the exception of the decision on the
termination of the proceeding pursuant to section 25 (a). and), d), (e)), f), (h) or (j)))
repeated requests for the granting of international protection, and all applications
the following after her,
h) an unaccompanied minor person under the age of 18 years, which
arrives on the territory of unaccompanied adult having her in care, and
After such period of time, after which it is actually not in the care of such a person;
an unaccompanied minor means a person under the age of 18 years and that
left unaccompanied after they arrived on the territory of the ^ 21),
and in particular the vulnerable person) an unaccompanied minor, the parent or
family with a minor child, or a parent or adult child family
the disabled person older than 65 years, a person with
with a serious disability or illness, a pregnant woman, a victim of trafficking
the people or person who was tortured, raped or subjected to other
serious forms of psychological, physical or sexual violence,
(j)) partner a person who proves that entered into an officially certified
a permanent community of two persons of the same sex. This officially confirmed
the permanent community of two persons of the same sex is a partnership,
to the safe country of origin) of the State of which the alien is a citizen of, or in
the case of persons without citizenship State of residence,
1. in which there is a general and systematic persecution, torture or
inhuman or degrading treatment or punishment and to the threat because of the
arbitrary violence, in the case of international or internal armed
the conflict,
2. that its citizens or persons without the citizenship do not leave from
the grounds referred to in section 12 or 14a,
3. which has ratified and observes the international treaties on human rights
and fundamental freedoms, including the standards relating to effective remedies
resources, and
4. which allows the activity of legal persons, which supervise over the State
respect for human rights,
(l)) a safe third country State other than the State of which the foreigner is a national
citizen, or in the case of persons without citizenship State
residence, in which the foreigner stayed and created before binding's
the entrance in the territory and the
1. to whom can this stranger go back and ask for a grant
refugee status according to the international treaty 22 ^ ^)
2. in which it will not be subjected to persecution or threat of serious injury and
3. in which the principle of non-refoulement is respected and the prohibition on expulsion,
If this violation of the prohibition of torture and cruel, inhuman or
degrading treatment, as determined by international law,
m) European safe third countries for the purposes of this Act, means the
State other than the State of which the alien is a citizen of, or in the case of
persons without citizenship State of residence,
1. ratified without geographical limitation of the international treaty governing the
the legal status of refugees and observes its provisions,
2. ratification and adheres to the European Convention for the protection of human rights and
fundamental freedoms, including the standards relating to effective remedies
resources,
3. has the law modified asylum procedures, and it was found that the alien
wrongly entered or tried to enter the territory of that State,
n) State of the last domicile of the State in which the person without
citizenship before entering the territory remained and created the
This state of the binding nature of the more permanent,
the first countries of asylum) State other than the State of which the foreigner is a national
citizen, or in the case of persons without citizenship State other than the State of
its last permanent place of residence in which the alien resided before
the entry to the territory, granted to him the State of refugee
According to the international treaty, May 22) ^ ^ if the foreigner of this protection remains
enjoy and if the alien to another State this safely return,
p) asylum reception centre facilities, residential centre and
integration of asylum centre,
q) the resettlement selection and the transfer of foreigners, carried out by the Ministry,
with the previous expression of their will on the territory for the purpose of granting asylum or
additional protection.
(2) Teach means an alien who has been granted under this Act,
asylum, and that after the period of validity of the decision to grant asylum.
(3) a person enjoying subsidiary protection "means an alien who has been
granted additional protection, and that after the period of validity of the decision on the
or the extension of the additional protection. A person enjoying subsidiary protection
means on a stranger who handed in the period of validity of the decision on the
the granting or extension of the supplementary protection application for renewal
additional protection, pending the entry into force of the decision
the Ministry about this application.
(4) Persecution means the serious violations of human rights, as well as
measures applied psychological pressure or other similar conduct or
the negotiations, which, in its pursuit of overlapping, if they achieve the intensity
they are carried out, supported by the other guests, or persecution.
(5) protection against persecution or serious harm means in particular
reasonable steps the competent State authorities, parties or organisations,
including international organisations, controlling the State or a substantial part of the
its territory, seeking to prevent the persecution or suffering of serious
the injury, in particular the introduction of an effective legal system for the detection,
prosecution and punishment of acts constituting persecution or serious
injury, provided that such protection is effective, is not the only transitional
and the foreigner has access to it.
(6) the originator of the persecution or serious injury means a State authority,
party or organisations controlling the State or a substantial part of the territory of the
the State of which the alien is a citizen or in which the person without
the nationality of the last permanent place of residence. The originator of the persecution
or serious injury means even a private person, if it can be shown that
State, party or organisations, including international organisations,
controlling the State or a substantial part of its territory are not able to or
willing to adequately ensure the protection against persecution
or serious injury.
(7) the persecution or serious harm, if not concern foreigners from
persecution or serious harm applies only to part of the territory of the State,
whose nationality is, or, if a person without citizenship,
the State of his last residence and if the foreigner can safely and
legitimately travel to other parts of the State, to join it and it
settle down, and if taking into account the situation in this part of the State and its
personal situation in this part of the State
and justified fear of) the persecution or are not made reasonable
fears that he would be here, threatened the real danger of serious injury, or
(b)) has access to effective protection against persecution or serious harm.
20) European Parliament and Council Regulation (EU) no 604/13 of 26 February.
June 2013, which lays down the criteria and mechanisms for determining the Member
the State responsible for examining an application for international protection lodged
third-country national or stateless person in the
one of the Member States (recast).
Commission Regulation (EC) No 1560/2003 of 2 June 2003. September 2003
lays down the detailed rules for the application of Council Regulation (EC) No 343/2003 establishing
the criteria and mechanisms for establishing the State responsible for examining
asylum application lodged by third-country national in one of the
the Member States in the text of the implementing Commission Regulation (EU) No 118/2014
of 30 March 2004. January 2014, amending Regulation (EC) No 1560/2003
laying down detailed rules for the application of Council Regulation (EC) No 343/2003,
establishing the criteria and mechanisms for determining the Member State responsible for
examining a request for asylum lodged in a third-country national
one of the Member States.
21) directive of the European Parliament and of the Council of 13/33/EC of 26 April 1999. June
13, which establishes standards for the reception of applicants for international
protection (recast).
Council Directive 2003/86/EC of 22 December 2004. September 2003 on the right to merge
family.
22) communication from the Ministry of Foreign Affairs No. 208/1993 Coll., on negotiation of
The Convention relating to the status of refugees and the Protocol relating to the legal
the status of refugees ".
Footnote 1b to 1 d shall be repealed, and that including links to
the footnotes.
6. In the heading of title II of part one: "a request for the GRANT of INTERNATIONAL
PROTECTION AND THE RIGHT TO ASYLUM ".
7. the heading of section 3 shall read: "an application for the grant of international protection".
8. section 3, including footnotes, No 23:
"section 3
(1) applications for the grant of international protection is a manifestation of the will of foreigners, from
which it is clear that looking for protection in the Czech Republic
persecution or serious harm before the impending.
(2) applications for the grant of international protection is not a manifestation of the will of foreigners
in accordance with paragraph 1 made during his departure after the final termination
the procedure for granting international protection, judicial proceedings on the lawsuit against
the decision of the Department of international protection, in the case of legal proceedings on the
cassation complaint against a decision of the Court on an action against a decision
the Department of international protection (hereinafter "the appeal in cassation")
or management of administrative expulsion or execution of a removal order
imposed by the Court. Applications for international protection, however, is a manifestation of the
will foreigners according to the first sentence, on the basis of which the contents can reasonably be
believe that there has been a material change in the circumstances relating to his
possible persecution or threat of serious injury; the Ministry shall inform the
foreigners about whether his act for the submission of applications for the granting of
international protection shall be considered. The delivery of the notification referred to in the second sentence
with § 11a paragraph. 3 shall apply mutatis mutandis.
(3) applications for the grant of international protection is also a manifestation of the will of foreigners
in accordance with paragraph 1 made after final completion of the proceedings for grant
international protection and, after the decision of the Minister of Justice concerning the authorisation
the issue of foreigners, or after the entry into force of a court decision on the transmission of the
aliens under a European arrest warrant for criminal prosecution or to
imprisonment in a foreign State in accordance with the law on international
judicial cooperation in criminal matters. Applications for international
further protection is not a manifestation of the will of foreigners referred to in paragraph 1 is made after the
Czech Republic has received the request for his surrender to the international criminal
the Court, the International Criminal Tribunal, or similar
the International Court institution, which meet at least one of the conditions
referred to in § 145, paragraph. 1 of the law on international judicial cooperation in
criminal matters.
(4) If an application for the grant of international protection lodged by a parent
the minor in this child, the consent of the other parent with the
the request is not required.
(5) If a parent has filed a request for the grant of international protection leads
the Department of management, in his application for a minor child international
protection, are leads on these applications common control ^ 23), unless the
the Ministry of the resolution on the exclusion of common management, in particular from the
for the protection of rights and legitimate interests of the child.
(6) If an application for the grant of international protection made to the Ministry,
the Ministry performs registration of this application within 3 working days from the
its submission; If the application for the grant of international protection has been lodged
the police, the Ministry performs registration within 6 working days from the date of
submission of applications for the granting of international protection. The application for registration
the granting of international protection "means a request for the grant of the insertion
international protection in the register pursuant to § 71 paragraph. 1 (a). and).
23) section 140 administrative procedure. ".
9. In the introductory part of the provisions of section 3a and section 3b, paragraph. 1, the words "to make
Declaration on the international protection of "shall be replaced by the words" to request a
the granting of international protection ".
10. Footnote 2 shall be deleted, and that including a link to the note
under the line.
11. In section 3a (a). and (4)), the word "aliens" ^ 3) "is replaced by
"foreigners ^ 3) in the case of foreigners seized there," and the words "regulation
The European Union ^ 4a) "shall be replaced by the words" directly applicable regulation
The European Union ^ 20) ".
12. In section 3a (a). (b)), after the word "detention", the words "of the trade
healing, ".
13. In section 3a of the present text becomes paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) the police and the person engaged in the provision of legal aid
the refugees, providing the person who intends to make an application for the grant of
international protection, information related to international protection already
at the border crossing or in the transit area of the international
Airport. ".
14. In section 3b of the paragraph. 2 the first sentence, after the word "foreigners", the words "of the
entitlement to file an application for the grant of international protection within the time limit referred to in
paragraph 1 ".
15. In section 3b, the following paragraph 3 is added:
"(3) applications for international protection lodged in devices for
ensure the aliens after the expiry of the period referred to in paragraph 1 is a manifestation of the will of the
foreigners, from which it is clear that looking for protection in the Czech Republic
persecution or serious harm before the looming, only if the
on the basis of its content can be reason to believe that there has been a material change in the
the circumstances relating to possible persecution or threat
serious injury; the Ministry shall inform the alien about whether his speech
will the application for the grant of international protection. On
the delivery of the notification referred to in the first sentence, § 11a paragraph. 3 apply
Similarly,. ".
16. § 3 c and 3d:
"§ 3 c
The applicant for the grant of international protection is required within 24 hours
from the moment, when the made the request to grant international protection to the police
According to § 3a (a). and point 3) was released from hospitalization, performance
security detention, protective treatment, detention or prison sentence
freedom, it was decided on his release as detainees or
After leaving the school facilities for institutional upbringing or
protective education or educational establishment for preventive educational care
or facilities for children in need of immediate assistance, report to the
the reception centres designated by the Ministry. There was an obstacle to the
the will of the applicant for the grant of international protection, which prevents its independent
appearance in the reception centre, the time limit referred to in the first sentence is not running and
the applicant for the grant of international protection is required to the obstacle without
undue delay, notify the police or Ministry of and attend to the
the reception centre within 24 hours after the time limit has ceased.
The provisions of section 4, paragraph 4. 1 shall apply mutatis mutandis.
§ 3d
(1) the applicant for the grant of international protection is entitled to remain in the territory;
This does not apply, if the next recurring has filed application for the grant of the international
the protection. Right to remain in the territory shall not constitute an entitlement to a residence permit
According to the Act on the stay of foreigners on the territory of the Czech Republic. The Ministry is
the applicant shall be entitled to remain on the granting of international protection in the territory of
limited to part of the territory or to the reception centre in the transit
area of the international airport, if it is not allowed to enter the territory.
(2) unless the applicant for the grant of international protection, which made the
another recurring application for the grant of international protection, cannot remain
the applicant for the grant of international protection on the territory of the end on the basis of
issued by the administrative or judicial decision. It does not prevent the transmission of the
the applicant for the grant of international protection to international criminal court
or the International Criminal Tribunal, or similar
the international judicial body, which meets at least one of the conditions
referred to in the Act on international judicial cooperation in matters
criminal. ".
17. § 3e and 3f are deleted.
18. In the heading of section 4, the word "foreigners" is deleted.
19. In section 4, paragraph 4. 1 and 2, the word "foreigner" shall be replaced by the words "the applicant of
the granting of international protection "and the words" made a statement for the international
the protection of "shall be replaced by the words" filed a request for the grant of international
the protection of ".
20. In section 4, paragraph 4. 2 the words "(§ 73)" are deleted.
21. In section 4, paragraph 4. 3 the word "foreigner" shall be replaced by the words "the applicant of
the granting of international protection referred to in paragraphs 1 and 2 ".
22. Section 4a is deleted.
23. In section 4b, the word "Applicant" shall be replaced by the word "Applicant", the word
"transport" shall be replaced by the word "ensure", the word "Ministry"
inserted the word "transport" and the word "by" shall be replaced by the word
"the Ministry".
24. section 4 c is deleted.
25. In Title III of part the first: "the PROCEEDINGS in the INTERNATIONAL
PROTECTION AND OTHER PROCEEDINGS CONDUCTED UNDER THIS ACT ".
26. section 8 including title and footnotes, no 24:
"section 8
The scope of the Ministry of
The Ministry of
and in the matter of) international protection
(b)) specifies the State of the bound directly to the applicable law of the European Union
responsible for examining a request for the grant of international protection ^ 20) filed
on the territory,
(c)) shall take decisions in the management of the transmission to the competent State,
(d)) shall decide on applications submitted under the Convention on the legal status of persons
stateless ^ 24),
(e)) shall be decided in other matters under this Act.
24) Notice No. 108/2004 Sb. m. s., the negotiation of the Convention on the
the status of stateless persons. ".
27. In section 9, the words "conducted under this Act" shall be replaced by the words
"referred to in section 8 (b). and), c) and (d)) ", the words" on the delivery address for the
service or the e-mail address of a participant in the sdělenou ^ 5)
on the service of documents for into their own hands and push on
request otherwise, ^ 5a) "shall be deleted, the words" on
the provisions on the official "shall be replaced by the words" official ", the words" Edition
^ decision 5i) and "shall be replaced by the words" the issue of the decision, "^ 5i), for the words
"on the decay of ^ 5j)" shall be inserted after the words "the provisions on the review
^ 25), management of the renewal of proceedings and a new decision ^ 26) "and the second is
repealed.
Footnote No 25 and 26:
"25) section 94 to 99 of the administrative code.
26) section 100 to 102 of the administrative code ".
Footnote 5 and 5a are deleted.
28. sections 10 and 10a, including title and footnotes No 27 and 28:
"§ 10
(Applicant on the grant of 10 international protection is required on the written
the challenge of the Ministry delivered at least 2 working days in advance to
providing data to applications for the grant of international protection.
The Ministry of the applicant for the grant of international protection prompts you to provide the
information for requests for the granting of international protection without undue
the delay after the submission of the application for the grant of international protection. In the call
the Ministry of the applicant on the grant of international protection in writing instruct in
native language or in the language in which it is able to communicate,
the rights and obligations of the applicant for the grant of international protection, including
express or implied, of the consequences of withdrawal of the application for the grant of
international protection and the right at any time to contact for assistance
a person engaged in the provision of legal assistance or the protection of the interests of the
refugees and the Office of the United Nations High Commissioner for
Refugees (hereinafter referred to as "the Office of the High Commissioner"). The Ministry also
instruct the applicant for the grant of international protection on request options
information concerning the procedure for granting international protection,
relating to the personal situation of the applicant for the grant of international
the protection. If you cannot give lessons in the call, instruct the Ministry in writing
the applicant for the grant of international protection within a reasonable period, not later than
15 days from the date of the provision of data to the application submitted for the award of the international
the protection.
(2) the applicant for the grant of international protection is obliged to request the
the granting of international protection to provide information on the
and your name and surname), other names, all previous
surnames and other used names and surnames,
(b)), month, and date of birth,
(c)) and State of birth,
(d)) your nationality, religious beliefs and political beliefs,
e) citizenship,
f) marital status and children
(g)) the last place of residence out of the territory
h) stay in the States, which are bound by the directly applicable law
The European Union ^ 20),
I) date and method of entry into the territory,
j) number and the validity of the travel document,
to health status, health) restrictions and other special
needs,
l) because the request for the grant of international protection,
m) the language in which it is able to communicate,
n) how his trip on the territory and
about) visas or residence permits issued by other States, as appropriate,
data on previous applications for international protection in other
States.
(3) when you provide information to a request for the grant of international protection
is the applicant for the grant of international protection shall demonstrate their
the identity of a valid travel document or other document of identity
or a valid public Charter issued by the country of nationality
the applicant for the grant of international protection or the country of the last permanent
residence, if the applicant for the grant of international protection without the State
jurisdiction, if it can be used to find out information about his citizenship and
details of his identity, and includes a photograph of the holder, or
certify affidavit.
(4) in connection with the provision of the data to the application submitted for the award of
international protection of the Ministry to determine whether an applicant for a grant
international protection is a vulnerable person. If the applicant for the grant of
international protection, which is a vulnerable person, the Ministry further
Specifies whether this applicant for the granting of international protection with regard to its
personal situation needs support for the implementation of rights and obligations
the applicant for the grant of international protection pursuant to this Act, which
related to the proceedings on the grant of international protection. The Ministry of
the applicant for the grant of international protection, which is a vulnerable person,
support shall also provide, if its needed to proceedings in progress
the granting of international protection.
(5) the Ministry shall inform the applicant for the grant of international protection of
options to ensure the medical examination aimed at identifying marks
persecution or serious harm.
section 10a
The inadmissibility of the application for granting international protection
(1) an application for the grant of international protection is illegal,
and if submitted) was a citizen of the European Union ^ 27), which does not meet the conditions
laid down by European Union law ^ 28),
(b)) to the assessment of requests for granting international protection, the competent
other State bound directly applicable EU regulation ^ 20),
(c) if the applicant was) on the granting of international protection granted international
protection in another Member State of the European Union,
(d) if the applicant) on the granting of international protection to find effective protection
in the first country of asylum,
e) If an alien has filed repeated the request to grant international protection,
the Ministry had considered as inadmissible pursuant to § 11a paragraph. 1,
(f)) If applicant for the granting of international protection from the State, which
Czech Republic considers the European safe third country,
unless the applicant for the grant of international protection, that in his case
This State cannot be considered for such a country, or
(g)) if the applicant for the grant of international protection, which is not
an unaccompanied minor, from the State, Czech Republic
considered as a safe third country, unless the applicant for the grant of
international protection, that in his case, this State for such country
cannot be considered.
(2) if the application for the grant of international protection inadmissible judgments
that the applicant for the grant of international protection meets the reasons for
the granting of asylum or subsidiary protection.
27) Article. 20 of the Treaty on the functioning of the European Union.
28) Protocol 24 to the Treaty on European Union and to the Treaty on the functioning of
The European Union on asylum to nationals of the Member States
Of the European Union. ".
Footnote No. 5 k, l and m shall be deleted.
29. section 10b and 10 c, including the headings are deleted.
30. In article 11 the present text becomes paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) the procedure for forwarding to the appropriate State according to § 2 (2). 1 (a). (d))
is initiated ex officio. The Ministry shall decide on the transfer to the
the competent State under section 25 (b). I) that referred to in section 10a of the paragraph.
1 (a). b).“.
31. under section 11, the following new section 11a to 11 c, which including the following title:
"Repeated a request for the grant of international protection
section 11a
(1) If an alien has filed repeated the request to grant international protection,
the Ministry will assess the admissibility of the first repeated requests for the granting of
international protection, whether stated or new facts have arisen
or the finding that
and) were not, through no fault of the alien subject to examination of the reasons for the
the granting of international protection in the previous final ended proceedings and
(b)) suggests that the alien could be subjected to persecution
the grounds referred to in section 12, or threatening to cause serious injury to him under section 14a.
(2) if there is a recurring request inadmissible, the Ministry shall decide on
the granting or refusal of international protection, if it is not justified by another
the procedure.
(3) If an alien has filed application for the grant of additional recurring international
protection and if you cannot, having regard to the previous management or substantial
change in circumstances relating to possible persecution for reasons
referred to in section 12 or the threat of serious injury under section 14a of the believing,
that the alien could be subjected to persecution or risk of serious
the injury, the Department of management of the resolution. Resolution on stopping
the proceedings may be issued within 10 days of the date of submission of the application for the award of the international
the protection. Ministry resolution on stopping strangers on delivers
site or at the address of the place of stay in the territory, was a foreigner at the time
another recurring requests for the granting of international protection; otherwise, the
the resolution terminating the proceedings for a period of 10 days in asylum facilities
where the alien was last reported to the stay, and the notification of the deposit
documents are posted on the official notice board in the asylum facility. The submission of
action against the resolution on the termination of the proceeding does not have suspensory effect.
(4) the Ministry may, for reasons worthy of special attention to assess
submitted by repeated and more repeated the request as admissible.
section 11b
(1) if the applicant has filed about the granting of international protection to a recurring request
the granting of international protection and of pending applications has not been
been taken or if the matter was returned to the Ministry to court
reconsideration shall examine the request, the Ministry together with the recurring
Yet the present applications.
(2) applications for the grant of international protection is not the Act referred to in § 3
paragraph. 1 made
and within the time limits for the submission of) an action against a decision of the Ministry in case
international protection, if the action was subsequently filed,
(b)) after the action against the decision of the Ministry of international
protection, which has suspensive effect, up to the entry into force of the decision
the Court,
(c)) after the action against the decision of the Ministry of international
protection, which does not have suspensory effect, the issue of the resolution of the regional court
to reject suspensive effect, if a stranger asked him,
d) during the period for submission of complaint, if the appeal in cassation
subsequently filed
(e)) after the filing of complaint, which has suspensive effect, to the acquisition of
the decision on the complaint, or
(f)) after the filing of complaint, which does not have suspensory effect, the issue of
the resolution of the Supreme Administrative Court to reject suspensive effect,
If a stranger asked about him.
§ 11 c
(1) For repeated application for the grant of international protection is not
the first repeated the request to grant international protection made within 9 months
from the date of the entry into force of decision, which was completed earlier
the procedure for granting international protection, if the proceedings for grant
international protection under section 25 (b) stops. d), (e)), f), (h)) or (j)).
(2) A recurring application for the grant of international protection is also
does not consider the request for the grant of international protection made after moving to
territory in accordance with the regulation directly applicable European Union ^ 20) and if
the previous procedure was legally terminated pursuant to section 25 (a). and), d), (e)),
(f)), h) or (j)) or the Ministry decided on the refusal of the international
protection and the decision was delivered by the replacement in a manner pursuant to section 24a, paragraph.
2 and was not made in good time the action against him, according to the administrative judicial procedure.
(3) For repeated application for the grant of international protection is not
application for the grant of international protection do not allow entry to brought after
the territory of the safe third country foreigners whose application for the award of the international
the protection was found to be inadmissible under section 10a of the paragraph. 1 (a). (g)), or
If the European safe third country has taken back the aliens whose request
on the granting of international protection was found to be inadmissible under section 10a
paragraph. 1 (a). (f)).
(4) if the application for the grant is made repeated international protection after
date of entry into force of decision, which was completed earlier
proceedings of international protection, and before moving out of the territory in accordance with
the regulation directly applicable European Union ^ 20), the Department of management
the resolution stops. The resolution shall be mentioned in the file and the alien about him
inform in the case that, when filing the application for a recurring
of international protection introduced the address of the place of stay in the territory; otherwise, the
written notification of the deposit for a period of 10 days in asylum facilities, where he was
the alien last reported to the stay, and the notification of the deposit of documents
posted on the official notice board in the asylum facility. The action against this
the resolution is not allowed. ".
32. In section 13 (3). 2 (a). (d)) and in section 14b, paragraph. 2 (a). (d)), the words "§ 2
paragraph. 14 "are replaced by the words" § 2 (2). 1 (a). (h)) ".
33. In section 14a paragraph. 2 (c)):
"(c) a serious threat to the life of civilians) or his human dignity of
because of arbitrary violence in situations of international or internal
armed conflict, or ".
34. In section 15(2). 1 introductory part of the provision, the words "even if they are
identified the reasons referred to in section 12 or 13, but is "shall be replaced by the word
"If".
35. In section 15(2). 1 (b)):
"(b)) committed before the decision of the Ministry in case
international protection of a serious crime or a particularly cruel
the crime was allegedly committed with a political aim outside the territory or ".
36. In § 15a paragraph. 1 the introductory part, the words "in accordance with the provisions of § 14a or
14 "shall be deleted and the words" even if they are detected, the reasons given in section 14a,
but is "shall be replaced by the word" If ".
37. In § 15a paragraph. 1 (b)):
"(b)) is guilty of serious crime".
38. Under section 16 of the designation, the following title is added: "the apparent nedůvodnost
the application for the grant of international protection ".
39. In section 16. 1 introductory part of the provisions, the word "applicant"
the words "the grant of international protection does not really
to suggest that that would be subjected to persecution for reasons of
referred to in section 12, or threatening to cause serious injury to him pursuant to section 14a, and at the same time ".
40. In section 16. 1, point (d)), and (f)) shall be deleted.
Letter e) is renumbered as paragraph (d)) and letters (g))
and (h)) shall become letters (e)), and (f)).
41. In section 16. 1 (a). (e)), the word "or" at the end of paragraph shall be deleted;
1 dot is replaced by a comma and the following letters g) and (h)) are added:
"(g)) refused to fulfil its obligation to tolerate removal of fingerprint
fingerprints pursuant to section 45, paragraph. 6, or
h) grant request international protection in order to avoid
the threat of expulsion, extradition or surrender pursuant to a European arrest
warrant for criminal prosecution or to imprisonment to
abroad, or is delayed, as could ask for the award of the international
protection before. ".
42. In section 16 paragraph 2 and 3 shall be added:
"(2) As manifestly unreasonable, it shall reject the application for the award of the international
protection, if the applicant for the grant of international protection comes from the
the State, which Czech Republic considers it a safe country of origin,
unless the applicant for the grant of international protection, that in his case
This State for such a country cannot be considered.
(3) if the reasons for the rejection of the application for the grant of international protection
as obviously unfounded, examined whether the applicant for the grant of international
protection meets the grounds for granting asylum in accordance with § 13 and 14 or additional
protection under section 14b. If the reasons for the rejection of the application for the grant of
international protection as manifestly unfounded in accordance with paragraph 2, it shall also be
examined whether the applicant for the grant of international protection does not
evidence that would be subjected to persecution
the grounds referred to in section 12, or threatening to cause serious injury to him under section 14a. ".
43. In § 17 paragraph. 1 introductory part of the provision, the words "awarded due to
pursuant to section 12 shall be deleted.
44. In § 17 paragraph 3 and 4 are added:
"(3) for the purpose of family reunification, Asylum is also be withdrawn if the reason ceases to exist,
for which it was granted, and if not found another reason worthy of special
considerations for his leaving.
(4) the Humanitarian asylum to further withdraw, disappear if the reason for which it was
granted, and if not found another reason worthy of special attention for
his leaving. ".
45. In article 17, paragraph 5 shall be deleted.
46. In paragraph § 17a. 1 introductory part of the provision, the words "granted under section
14A "shall be deleted.
47. In section 17a, paragraph. 1 (a). (b)), the word "or" at the end of paragraph shall be deleted;
1 dot is replaced by the word "or" and the following point (d)), which
added:
"(d)) a person enjoying subsidiary protection are committed especially serious
crime. ".
48. In paragraph 3 of section 17a is inserted:
"(3) Supplementary protection for the purpose of family reunification shall also be withdrawn,
expires if the reason for which it was granted, and if found to be different
reason worthy of special attention for her leaving. ".
49. Article 17a, paragraph 4 shall be deleted.
50. Footnote 6 is added:
"6) Law No. 186/2013 Coll., on state citizenship of the Czech Republic and the
amendments to certain acts (the Act on the citizenship of the Czech Republic). ".
51. In section 18 (a). (b)), the word "azylantovi" shall be replaced by the words "or other
the Member State of the European Union or the person enjoying azylantovi
additional protection. "
52. section 19, including footnote 29 is added:
"§ 19
(1) the Ministry is authorised to collected all the information necessary for the
the release of the decision of the Department of international protection from the State,
that are bound directly to the applicable law of the European Union 20) ^ ^
where the applicant for the grant of international protection to a previously filed application for the
the granting of international protection, unless the applicant for the grant of international
protection in writing, express consent. When the collection of data pursuant to the first sentence
the Ministry is committed to the protection of the applicant for the grant of international protection and its
members of the family in the country of his nationality or, in the case of
persons without citizenship in the country of last permanent
residence.
(2) the Ministry of, where appropriate, other public authorities, shall not divulge any
way information ever related to the application for the grant of
international protection, the applicant for the grant of international protection, azylantovi
or a person enjoying subsidiary protection and does not obtain the information about the applicant
on the granting of international protection, azylantovi or the person enjoying
additional protection from the alleged agents of persecution or serious harm;
the obligation of cooperation between public authorities of the Czech Republic and the implementation of
obligations under this law shall remain unaffected.
(3) Ministry shall ensure that the interview with the applicant on the grant of international
protection carried out and that the supporting documents for the issuance of the decision prepared
the qualified person who has been duly reported in the areas referred
in the European Union, directly applicable regulation 29 ^ ^).
29) Article. 6 (1). 4 (b). and (e))) up to a regulation of the European Parliament and of the Council
No 439/2010 of 19 July. May 2010 on the establishment of a European support
the Office for asylum. "
53. In section 20 (a). (b)), the words "which has been brought about the withdrawal of the
asylum, or "shall be deleted.
54. In section 20 (a). (c)), the words ", with which the proceedings have been initiated
extension or withdrawal of supplementary protection "shall be deleted.
55. At the end of section 20, the dot is replaced by a comma and the following subparagraph (d)) and
e) are added:
"(d)), the person in whose case the leads of the surrender procedure to the competent
the State, or
e) alien, which it lays down the law. ".
56. In section 20 the present text becomes paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) a participant in the proceedings in the matter of international protection means the participant
the proceedings referred to in paragraph 1 (b). and (d))). ".
57. section 22 and 23, including title and footnote No. 30:
"§ 22
(1) a party to proceedings in the matter of international protection has the right to act in the
native language or in the language in which it is able to communicate.
The document, drawn up in a foreign language is a party to the proceedings shall be obliged to
present in the original texts and at the same time in the translation into the Czech language;
This does not apply, if it is a document drawn up in the language in which the leads
proceedings referred to in the first sentence, or if the Ministry of such translation
does not require.
(2) the Ministry of the party in case of international protection will provide
an interpreter free of charge on the acts for which he was summoned by the Ministry
or prompted.
(3) the appellant is entitled to invite their costs of an interpreter
According to your choices.
section 23
Interview
(1) the Ministry in order to determine the State of things, which are not
reasonable doubt, interview with the applicant on the grant of international
the protection. Of the interview to provide protocol ^ 30). The Protocol is
in particular a transcript of the questions and answers from the Ministry of the applicant for the grant of
international protection.
(2) the interview shall take place,
and if you can pick) of the decision on the grant of asylum,
(b)) was made to repeat the request for the grant of international protection; in
this case will allow the Department to disclose the reasons for the request for the grant of
international protection, in writing or in any other suitable manner, or
(c)) in the case of a minor applicant for the granting of international protection with
the exception of unaccompanied minors,
If the interview is necessary to determine the status of the matter, of which there are reasonable grounds for
the doubts.
(3) interview on does not, unless the applicant for the grant of international
protection of eligible to perform the interview, and especially from the health
reasons. The Ministry will allow such an applicant for the granting of international
give the reasons for the request for protection the granting of international protection in writing
or other appropriate means.
(4) the applicant for the grant of international protection shall come to
interview at the place and time specified by the Ministry, and that the written
the subpoena delivered to the applicant on the grant of international protection at least 2
working days before the interview. If the applicant fails to grant
international protection for an interview at the place and time specified by the Ministry,
a record of this fact.
(5) for reasons worthy of special attention, or to express request
the applicant for the grant of international protection to ensure that the Department of management
the interview, and if its options, and interpretation by a person of the same
sex.
(6) if the execution of the agent of the applicant's interview on the granting of
international protection or the authorized representative of the Office of the High Commissioner,
is not entitled to interfere with his progress, however. After the end of the interview
the Ministry agents of the applicant for the grant of international protection will allow
comment on its content.
(7) if it is necessary to determine the status of the matter, of which there are reasonable grounds for
doubt, it is entitled to do an interview and the Ministry with other
a participant in the proceedings referred to in section 20; paragraphs 1 and 3 to 6 shall apply
Similarly.
30) § 18 administrative procedure. ".
58. In Section 23b of the first sentence, the words "the applicant for the grant of international
protection "shall be replaced by" party a "and in the second sentence, the words
"the applicant about the granting of international protection" shall be replaced by "party
the proceedings ".
59. the following section is inserted after section 23b 23 c, which including the title:
"section 23 c
The supporting documents for the issuance of the decision
The basis for making the decision may be particularly
the request for grant) the international protection and information to its complement,
(b)) the Protocol for the interview,
c) precise and up-to-date information from various sources about the State of the
the applicant for the grant of international protection of the citizen, or, in the case of
persons without the citizenship of the State of the last permanent
residence and
(d) the result of the examination referred to in section). 5. ".
60. the heading of section 24 reads as follows: "the service of documents in Party Affairs
international protection ".
61. In section 24 paragraph 1 reads:
"(1) the documents are served in the matter of international party
protection into their own hands only to his place of residence or the reporting
the applicant for the grant of international protection under the conditions referred to in paragraph
2 in the address for service, delivered to the Ministry on the spot or
through the data on the Clipboard. ".
62. In section 24, paragraph. 2 the first sentence, after the word "means", the words
"the address specified in the notice under section 82, paragraph. 1, the use of the Ministry of
leaving the residential centre under section 82, paragraph. 3, or "and the word
"agree" with the words ", if the applicant for a
international protection at delay, at least 15 days ".
63. In section 24, paragraph. 2, the third and fourth sentence are deleted.
64. In section 24, paragraph. 3 and 4, the words "the applicant for the grant of international protection"
replaced by the words "a party to the proceedings in the matter of international protection" and the words
"receiving or pobytovém Center" shall be replaced by the words "the asylum
the device ".
65. In section 24, paragraph. 3, the words ", at the municipal office" be deleted and the words
"the applicant for the grant of international protection" shall be replaced by the words "participant
proceedings of international protection ".
66. In section 24, paragraph. 4, the first sentence, the words "the applicant for the grant of international
protection "shall be replaced by" party in case the international
the protection of ".
67. In the second subparagraph of section 24a. 1, the words "a party" shall be replaced by the words
"party in the matter of international protection" and the second sentence shall be deleted.
68. In section 24a, paragraph. 2 the words "the applicant for the grant of international protection"
replaced by the words "a party to the proceedings in the matter of international protection" and the words
"the applicant for the grant of international protection" shall be deleted.
69. In section 24a, paragraph. 3, after the word "procedure", the words "in the case
international protection ".
70. In section 25 (a). (d)), the words "interview (§ 23 paragraph. 2) "is replaced by
"the provision of data to the application submitted by the grant of international protection or to
the interview "and the words" documents for the issuance of the decision and on the basis
the established facts could not decide "are replaced by the words" State
things which are not reasonable doubt. "
71. Section 25 (a). (f)), the words "(§ 26)" shall be replaced by the words "pursuant to section 26 paragraph.
1 (a). and) "and the words" with the exception of the interruption of the proceedings of the health
reasons, "shall be deleted.
72. Section 25 (g) at the end of the text), the words "or other
the Member State of the European Union ".
73. Section 25 (a). (h)), the word "unduly" shall be replaced by the words "without
a serious reason "and the word" unauthorized "is deleted.
74. In section 25 is at the end of subparagraph (h)), the word "or" shall be deleted at the end of
section, the dot is replaced by "or", and the following point (j)),
added:
"(j)) unable to determine the place of residence of the applicant for the grant of international protection and the
on the basis of the identified State of affairs cannot decide. ".
75. In the introductory part of the provisions of section 26, the word "suspend" shall be replaced by the words
"the resolution of the interrupt, and it repeatedly".
76. Section 26 is at the end of subparagraph (a)) shall be deleted, the word "or" at the end of
section, the dot is replaced by "or", and the following subparagraph (c)),
added:
"(c)) due to the uncertain situation temporarily in the country of origin of the applicant for the grant of
international protection, or in the event that an applicant for a grant
international protection to a person without citizenship, in the country of his
the last permanent residence cannot reasonably be expected to be
the decision of the Department of international protection issued within the time limit
pursuant to section 27. 1. ".
77. In section 26 of the present text becomes paragraph 1 and the following
paragraphs 2 and 3 shall be added:
"(2) the Ministry no later than 180 days after the release of every
resolution on the suspension of proceedings referred to in paragraph 1 (b). (c)) shall evaluate the
the situation in the country of origin of the applicant for the grant of international protection or in
If the requester is the granting of international protection a person without
citizenship, in the country of last permanent residence.
(3) if proceedings interrupted pursuant to paragraph 1 (b). (c)), the time limit for
the release of the decision. ".
78. section 27 including the title:
the "section 27
The deadline for the release of the decision of the
(1) the decision of the Department of international protection, unless the
This law, the Ministry shall issue without undue delay, no later than
However, within 6 months from the date on which the information was provided to the requests of the
the granting of international protection, or the date has to be able to
the Court's decision on the annulment of the decision of the Ministry of international
protection and return to the new discussion.
(2) the time limit for the issuance of the decision referred to in paragraph 1 may be extended by up to 9
months, if
and as for the cases) factually or legally complex,
(b)) is at the same time filed a large number of applications for international protection,
or
(c)) the applicant for a international protection obligations under this
the law, and therefore cannot decide, within the time limit referred to in paragraph 1.
(3) If it is necessary to determine the status of things, of which there are reasonable grounds for
doubts can be exceptionally extend the deadline referred to in paragraph 2 to 3
of the month.
(4) the Ministry of the party to the proceedings in the matter of international protection in writing
the extension of the period referred to in paragraphs 2 and 3, and shall give reasons for such
the procedure.
(5) a decision rejecting the application for its apparent nedůvodnost can be
issue no later than 30 days from the date of provision of the data to the applications on the
the granting of international protection.
(6) if the Ministry under section 26(3). 1 (a). (c)), it must be
decision in the matter of international protection issued no later than 21 months
the date on which the information was provided to the submitted application for the grant of
international protection, or the date on which the decision took
the Court of the decision of the Department of international protection and the
return to the new discussion.
(7) if the Court decides or has already decided on the admissibility issue
the applicant for the grant of international protection or on the transfer of the applicant for
the granting of international protection under a European arrest warrant to
criminal prosecution or to imprisonment to a foreign State
under the Act on international judicial cooperation, the Ministry will deal thing
as a priority. The decision of the Department of international protection issues
the Ministry without undue delay, no later than 60 days from the date of
initiation of proceedings. The Court, the public prosecutor, the Ministry of Justice and the
Ministry of Foreign Affairs are required to provide the Ministry of
the necessary synergy. ".
79. In section 28 paragraph. 3 the word "Reject" is replaced by "if it finds"
the words "as obviously unfounded" shall be replaced by the word "inadmissible", for
the word "country" shall be inserted the words "or of the European safe third country" and
the word "country" shall be inserted the words "or the European safe third
the country ".
80. In section 28, the following paragraph 5 to 7 shall be added:
"(5) for the assessment of whether an applicant for a grant to the international
the protection has a reasonable fear of persecution for reasons mentioned in section
12, it is decisive whether the originator of the persecution of these reasons for
the applicant for the grant of international protection finds.
(6) for the assessment of whether an applicant for a grant to the international
the protection has a reasonable fear of persecution for reasons mentioned in section
12, is applicable, whether there is a link between these reasons and
persecution or lack of protection against him.
(7) a well-founded fear of being persecuted or a real risk of serious
the injury may be based on the circumstances that occurred after the departure of
the applicant for the grant of international protection of the country of which he is a
citizen, or in the case of persons without citizenship of the State of
the last permanent place of residence; the Ministry of these circumstances into account when
assessment of the speech will a foreigner under section 3 (3). 2, § 3b of the paragraph. 3, § 11a
and 11b. ".
81. In § 32 paragraph 2 is added:
"(2) an action referred to in paragraph 1 shall have suspensive effect, with the exception of the
action against the decision under section 16(1). 1 (a). (b)), d), (f) and (g))),
action against the decision to grant asylum or subsidiary protection, action
against the decision on the extension of the additional protection and the decision on the
termination of the proceeding in accordance with § 25, with the exception of the decision on the termination of the proceeding
pursuant to section 25 (a). I) that referred to in section 10a of the paragraph. 1 (a). (g)).
granting suspensive effect pursuant to the administrative judicial procedure can be applied
only together with the filing. ".
82. In § 32 paragraph. 3, the second sentence shall be deleted.
83. In article 32, paragraph 5 shall be added:
"(5) filing a complaint has suspensive effect, if the filing
action against the decision of the Department of international protection. "
84. In section 32, the following paragraph 6 is added:
"(6) if the applicant for the grant of international protection secured under this
law or not allowed entry to the territory, if it is ensured by the
Act on the stay of foreigners on the territory of the Czech Republic, or in the case of an action
against a decision terminating the proceedings under section 25 (b). I) due to the
referred to in section 10a of the paragraph. 1 (a). (b)), the District Court filed a lawsuit against
the decision of the Department of international protection shall discuss and decide
the thing with the highest priority and speeding up, not later than 60 days from the date of
When filed will be free from defects and will have all the essentials. If
lodged an appeal in cassation, the Supreme Administrative Court hears and decides the matter
and with the highest priority by accelerating, not later than 60 days from the date when the
brought an appeal in cassation shall be free from defects and will have all the
the formalities. "
85. In section 33 (a). (c)), the word "unduly" is deleted.
86. In section 33 (a). (d)), after the words "Republic of", the words "or other
the Member State of the European Union ".
87. section 40 is repealed.
88. In paragraph 41. 1 the first and third sentences with the word "Foreigner" is replaced by
the words "the applicant for the grant of international protection" and the word "submission"
replaced by the words "the provision of the data to be submitted".
89. In paragraph 41. 2 (a). and), the word "action ^ 1b)" shall be replaced by
"the action ^ 31)".
Footnote 31 is added:
"31) Law No. 150/2002 Coll., the administrative court rules, as amended
regulations. ".
90. In paragraph 41. 2 (a). (b)) for the word "complaint", the words "or
appeal in cassation with the proposal on granting suspensive effect, unless it
of the law ".
91. In paragraph 41. 3 the first sentence, after the word "asylum", the words "or
additional protection. "
92. In article 41, the following paragraph 4 is added:
"(4) the applicant for the grant of international protection in the Ministry is obliged to
providing data to applications for the grant of international protection
to cast the card on the long-term residence permit issued under the Act on
the stay of foreigners on the territory of the Czech Republic. ".
93. In § 42 paragraph. 2, the word "may" be deleted, the word "ensure" is
replaced by the word "ensure" and the word "health" is deleted.
94. In § 42 paragraph 4, including the footnote No. 32 is added:
"(4) if the asylum facilities, it shall provide the applicant with the diet
on the granting of international protection the financial contribution in the amount of the corresponding
the amount of the subsistence level ^ 9) the applicant for the grant of international protection and the
persons evaluated together with him. For the provision of financial
the contribution of the applicant for the grant of international protection for Pocket money.
If the State of health of the applicant for the grant of international protection requires
According to the recommendations of the relevant specialist ^ 32) increased costs on
dietary meals, the financial contribution shall be increased by the amount by which the
increases under special legislation ^ 32) the amount of a living person from the
because diets. The financial contribution of the applicant belongs
the granting of international protection only for the period of his presence in the asylum
equipment and provides in advance in the form of refundable deposit.
32) section 29 of the Act No 111/2006 Coll. on assistance in material need, as amended by
amended.
Decree No 389/2011 Coll., on the implementation of certain provisions of the law on
assistance in material need. ".
95. In article 42, paragraph 4, the following paragraph 5 is added:
"(5) the Ministry shall lay down the terms for the granting of asylum facilities
the financial contribution referred to in paragraph 4 and shall publish the dates for the public
accessible place in asylum facilities. ".
Paragraphs 5 to 8 shall be renumbered 6 to 9.
96. In section 42, paragraph. 6 the third sentence, the words "(a). (g)) "shall be replaced by
"(a). I) ".
97. In section 43, paragraph. 2 the final part of the provision, the word "stranger"
replaced by the words "the applicant for the grant of international protection".
98. In section 43, paragraph. 6, the words "in a specified device or device the asylum
to ensure foreigners ^ 3) ' shall be deleted.
99. In section 45, paragraph. 1 and 2, the word "tenant" shall be replaced by the word "located"
and after the word "Centre" with the words "at the International Airport".
100. In section 45, paragraph. 5, the word "Member" shall be deleted, the word "State"
the words "bound directly applicable law" and the word
"the protection of ^ 4a)" shall be replaced by the word "protection" ^ 20) ".
101. In section 45, the following paragraph 6 is added:
"(6) an applicant for the granting of international protection is required to tolerate removal
the fingerprint and fingerprint image acquisition record in order to
determine or verify his identity. Remove the brush provides the police,
acquisition of image record provides Ministry. ".
102. In paragraph 46. 1 (a). and the words "§) 47" shall be replaced by the words "§ 45
paragraph. 6. "
103. In article 46, paragraphs 2 to 4 shall be deleted.
Paragraphs 5 to 7 shall be renumbered as paragraphs 2 to 4.
104. In paragraph 46. 2 the first and second sentences with the word "refugee"
replaced by the words "the reception centre".
105. In paragraph 46. 2 the first sentence, the words "referred to in paragraph 2 or 3"
shall be deleted.
106. In paragraph 46. 3, the words "(a). and), b), c) ' shall be deleted.
107. In § 46 paragraph. 4, the words "paragraphs 1 and 2" shall be replaced by "paragraph
1 "and the word" permanent "shall be deleted.
108. section 46a and 47, including heading shall be inserted:
"section 46a
(1) the Ministry may decide, if necessary, to ensure
the applicant for the grant of international protection in the reception center or in the
device for securing foreigners ^ 3), cannot be effectively applied to special
the measure, if
and to ensure it is reliable), or verify its
the identity,
(b)) shall be counterfeit or the amended proof of identity, and
If the identity is not otherwise known,
(c)) is a reason to believe that he could pose a danger to the
the security of the State or public order,
(d)) will be moved to the State of the bound directly applicable law
The European Union ^ 20) and if there is a serious risk of flight, in particular if the
already in the past avoided the implementation of the transfer or attempted escape
or expressed the intention to disregard the final decision on the move
in a State bound by the EU regulation ^ 20) or if such
the apparent intent of his actions,
(e)) was the request to grant international protection made in the equipment for the
ensure the foreigners and there are reasonable grounds to believe that the request for
the granting of international protection was made only to avoid
the threat of expulsion, extradition or surrender pursuant to a European arrest
warrant for criminal prosecution or to imprisonment to
abroad, or is delayed, as could ask for the award of the international
protection before,
(f)) Act makes it difficult for the proceeding in respect of international protection, and it
in particular, the fact that the Ministry does not provide the necessary assistance, and therefore
It is not possible in the procedure for granting international protection to find out the status of things
which are not reasonable doubt, there is a risk of escape or already
before he left the territory, if such a procedure is not inconsistent with the
the international commitments of the Czech Republic.
(2) the Ministry may further decide to ensure the applicant for the grant of
international protection, which is a serious breach an obligation imposed
his special measures.
(3) if the applicant for the grant of international protection that is
a vulnerable person, with the exception of persons with disabilities, which
does not prevent her location in the reception center or at the
the Czech Republic, the Ministry may, if necessary, decide on the
his collateral, only if it is older than 18 years and repeatedly violated
seriously his obligation under special measures.
(4) in the case of foreigners, which is ensured by the Act on the stay of foreigners
on the territory of the Czech Republic and who has made a request for the grant of international
protection, the Ministry decides about the guarantee referred to in paragraph 1 to 5 days
from the date of filing of the application for the grant of international protection. If it is decided to
of the ensuring of the applicant on the grant of international protection after it was
terminated to ensure under the Act on residence of aliens in the territory of the Czech
of the Republic, to the last time under the Act on the stay of foreigners on the
the territory of the Czech Republic shall be disregarded.
(5) the Ministry of the decision lays down the duration of the hedge
ensure that you can be extended, even repeatedly, for up to 120 days.
(6) in proceedings for the securing of the applicant for the grant of international protection and in
the procedure for the extension of the duration of the release decision is
the first act in the proceedings. Decomposition, recovery or management review procedure
are not permitted. In the decision on seizure and in the decision on the extension of the
the duration to ensure the Ministry shall instruct the applicant to grant international
protection of the possibility to submit a proposal for the appointment of a representative for the management of
action against the decision of the Ministry to ensure and extend the duration
the duration of the guarantee referred to in the administrative judicial procedure.
(7) against the decision of the Ministry to ensure and extend the duration
the duration of the collateral may be filed within 30 days from the date of notification of the decision
action, and through the Ministry or at the locally competent
the regional court, which is the regional court in whose area the applicant is a
the granting of international protection on the day of submission of the claim reported to stay.
(8) in the event that the action is brought, through the Ministry of
the Ministry shall submit to the Court, the lawsuit and the administrative file
within 5 days from receipt of the application; If the action is filed with the competent
the Court, the Court's administrative file. The Ministry shall submit to the Court
the expression of the action and the administrative file within 5 days from the date of receipt of the application and
at the same time deliver their observations to the applicant for the grant application, the international
the protection. Of the petition, the Court shall decide within 7 working days from the date of delivery of the
the administrative file of the Court. Court to hear the case of negotiations,
propose-if a party to proceedings not later than 5 days from the date of submission of the application
or if it is necessary; must be the applicant for the grant of international
protection in the decision of the Ministry advised. If the Court decides on the abolition
the contested decision, it shall inform the Ministry immediately after the
the publication of the judgment.
(9) the Ministry for the duration of the decision to ensure and
the extension of the duration to ensure examines whether reasons provide the applicant
on the granting of international protection persists. The Ministry on the issue
the decision to ensure and extend the duration of the applicant's assurance about
the granting of international protection about his right to ask for a re-
assessment of the reasons ensure, after the expiry of 1 month from the date of acquisition
the decision of the Ministry or, if filed against this
the decision, the date of the entry into force of the decision on the application.
(10) If, in the course of providing new facts justifying the
provide for another reason, the Ministry will issue a new decision on
ensure. The release of the new decision to ensure the existing force
the decision to ensure the lapses. The release of the new decision on collateral
ensure the time referred to in paragraph 5 does not cut even.
(11) The applicant for the grant of international protection guaranteed in the receiving
the Centre in accordance with this provision, section 46, paragraph. 2 shall apply mutatis mutandis.
(12) Ensure under this Act must be, without undue delay, without
decision terminated
and if the reason has lapsed) ensure
(b) where a time limit has elapsed) laid down in the decision to provide or
the extension of the provision,
(c) if the Court) shall decide on cancellation of the decision on the extension of the collateral or
the duration of the guarantee; the obligation to dismiss the applicant for the grant of
international protection arises publication being exercised by the judgment, or
(d) if the applicant was) on the granting of international protection granted asylum or
additional protection.
(13) if the collateral Is completed, operator of the reception centre or
device for securing foreigners and police based on the prompt
written communication from the Ministry shall make the necessary tasks related to the
leaving the reception centre or a device for securing foreigners; It
does not apply, if the police decide to provide the foreigners under the law on residence
foreigners in the territory of the Czech Republic.
section 47
Special measures
(1) special measures means the decision of the Ministry of the stored
the obligation of the applicant for the grant of international protection
and) in pobytovém the Centre specified by the Ministry, or
(b)) personally report to the Ministry at the time laid down by the Ministry.
(2) the Ministry may decide to impose special measures the applicant
on the granting of international protection, if reasons arise pursuant to section 46a
paragraph. 1 or § 73 paragraph. 3, but it is reasonable to believe that the imposition of
the special measure is sufficient to secure the participation of the applicant of the
the granting of international protection in the management of international protection.
(3) unless the specific needs or personal situation, you can
Special measures to save the applicant for the grant of international protection,
that is a vulnerable person, with the exception of unaccompanied minors.
(4) the specific measures may be imposed no later than the time of delivery of the decision
the Department of international protection, or until final
the decision of the regional court on the action against the decision of the Ministry of the
international protection.
(5) the Ministry of the decision on the imposition of special measure
the way the performance of the special measures and its length, which can be extended,
and even repeatedly. Corruption against the decision on the imposition of a special
measures and the extension of the special measures does not have suspensory effect.
(6) the Ministry for the duration of the decision on the imposition of a special
measures and the extension of the special measures shall examine whether the grounds for
imposition of special measure persist.
(7) an applicant for the granting of international protection is obliged to tolerate the imposition of
the special measures.
(8) the checking of compliance with the special measures to be carried out, the Ministry; on
This control is the inspection order does not apply. ".
Footnote No. 9 c is deleted.
109. In section 48 at the end of subparagraph (c)), the word "and" shall be replaced by a comma at the end of
section, the dot is replaced by "and" and the following point (e)), which
including footnotes, No 33 is added:
"e) suffer the medical examination, if it is necessary for the protection of public
^ health, 33).
33) Act No. 258/2000 Coll., on the protection of public health and
some related laws, as amended. ".
110. In paragraph § 49a. 1 the words "documents for the issuance of the decision"
replaced by the words "the State of things, which are not reasonable doubt."
111. In § 50a paragraph 1 reads:
"(1) the Ministry shall provide azylantovi on his written request to the
not later than 5 working days from the date of the entry into force of the decision on
the granting of asylum, a one-off financial contribution of the
^ 9 persons minimum) and together with her being assessed; the Ministry of the
the contribution shall be granted, if it is azylant at the same time the holder of the residence permit
According to the Act on the stay of foreigners on the territory of the Czech Republic. ".
112. In section 52 (a). (d)), the number "90" is replaced by "60".
113. In § 53 (b) and section 53b. g), the words "§ 47" shall be replaced by the words "§ 45
paragraph. 6. "
114. In paragraph § 53a. 1 at the end of the text of the first sentence, the words "shall be added; on
the same time, additional protection is granted for the purpose of family reunification ".
115. In paragraph 2 of section 53a is added:
"(2) the Ministry shall provide the person enjoying subsidiary protection on its
a written request not later than 5 working days from the date of acquisition
the decision on the grant of supplementary protection of the single financial
contribution in the amount of minimum subsistence ^ 9) persons and, together with her
examined persons; Ministry of this post does not, if the person
beneficiaries of subsidiary protection also holds a residence permit in accordance with
Act on the stay of foreigners on the territory of the Czech Republic. ".
116. In section 53a of the paragraph. 4, after the second sentence, the following sentence "If the submission
the request for the extension of the additional protection within the set time limit prevents
the reasons for the will of persons enjoying subsidiary protection, the independent
authorized to submit the request within 3 working days after the disappearance of these
reasons. "and at the end of the paragraph, the following sentence" when extending
additional protection for the purpose of family reunification shall apply mutatis mutandis. ";"
117. In paragraph 5 of section 53a is added:
"(5) if the Ministry Decides on the application for an extension of the supplementary
protection in the period of validity of the decision on the grant of supplementary protection
extending the period provided for in the decision on the grant of supplementary protection
to the date of the entry into force of the decision of the Ministry of the application. ".
118. section 53e:
"§ 53e
(1) the Ministry shall revoke the decision granting legal status
a resident on the territory, if
and resident in the territory of) seriously disrupted public order or
threaten the security of the State,
(b)), from another Member State of the European Union decided on the termination of the transitional
resident on its territory due to a serious breach of the public
all right,
(c)) stayed outside the territory of the resident of the European Union Member States
continuously for a period of longer than 12 months, if it was not justified by the
serious reasons, in particular the pregnancy and birth of a child, a serious
illness, study or vocational training, or a work secondment to the
abroad, or
(d)) stayed outside the resident for a continuous period of more than 6 years.
(2) the legal status of resident on the territory of the detention expires pursuant to section 17 of the asylum
paragraph. 1 (a). and) or (h)), by withholding supplementary protection under section 17a of the paragraph. 1
(a). (b)), or (c)) or subsidiary protection for reasons of contractually liable
referred to in section 17a, paragraph. 1 (a). (b)), or (c)).
(3) if dissolution or withdrawal of asylum or subsidiary protection and legal
the position of resident on the territory of the resident takes is entitled to stay permanently
on the territory according to the Act on the stay of foreigners on the territory of the Czech Republic. ".
119. In paragraph 54. 1 the words "If an alien has not submitted a request for the grant of
international protection in accordance with § 10, although the Ministry of
asked, "will be replaced by the words" If the action in respect of international
protection stopped due to failure to provide data to applications for
the granting of international protection may be a foreigner ".
120. In paragraph 54. 2, after the words "in accordance with", the words "this Act
or the "and the words" on the grant "shall be replaced by the words" in case ".
121. the footnote No. 9 d:
"9 d) § 118 paragraph. 3 of the Act No. 326/1999 Coll., as amended
regulations. ".
122. the heading of section 54a, including:
"§ 54a
Voluntary return
(1) the Ministry may bear the costs related to voluntary return
and) the applicant for a international protection, which did not provide the information to the
filed a request for the grant of international protection, though it was
the Ministry called upon, on the basis of a written request submitted within 7 days
the date, which was mentioned in the invitation to provide data to applications
on the granting of international protection, or
b) foreigners on the basis of his written request submitted within 7 days from the end of
international protection, or from the date of the entry into force of the decision
the Department of international protection or the decision of the Court of
against the decision of the Department of international protection or on the
cassation complaints
in the State of which the alien is a citizen of, or in the case of persons without
citizenship of the State of the last permanent residence. In the case of a kind
Special considerations the Ministry bear the costs associated with the voluntary
the return of the persons referred to in subparagraphs (a) and (b))) and to another State, that
It is not a Member State of the European Union or the State of the bound directly
the applicable law of the European Union ^ 20).
(2) an alien who has made an application for voluntary return, for the purposes of
the provision of health services, accommodation, food and other necessary
services seen as the applicant for the grant of international protection, and to
time travel or until notification of the Ministry of that
the Ministry of the costs associated with the voluntary return of the bears. ".
123. In section 55, the words "if it is reported to stay outside the residence Centre"
replaced by the words "unless the applicant for the grant of international protection of these
costs not paid by § 42 paragraph. 3. "
124. section 57 reads:
"§ 57
(1) the Ministry shall issue to the applicant for the grant of international protection card
the applicant for the grant of international protection no later than 3 days from
the provision of data to the application for the grant of international protection.
(2) the Ministry shall issue to the applicant for the grant of international protection card
the applicant for the grant of international protection no later than 3 days from the arrival
the applicant for the grant of international protection to asylum, if the device
information for requests for the granting of international protection had been provided in the
device for securing foreigners ^ 3) or at the time of the performance security
detention, protective treatment, detention or imprisonment.
(3) the Licence of the applicant for the grant of international protection is a public Charter
which proves the identity of its holder and the legitimacy of his remaining
on the territory.
(4) a licence To the applicant for the grant of international protection, the Ministry of
writes the data on the identity of the applicant for the grant of international protection
his citizenship, place of accommodation and about the time of its validity.
(5) the period of validity of the licence applicant for the granting of international protection
provides for the Ministry. The period of validity of the licence applicant for the granting of
international protection can be extended repeatedly. To extend the period of
force, making changes or additions to the information of the certificate
the applicant for the grant of international protection is necessary the personal participation of the applicant of the
the granting of international protection; the personal participation of the applicant for the grant of
international protection is not required in the case of a kind of special attention.
The applicant for the grant of international protection is a must when the extension of the period
the validity of the identity card of the applicant for the grant of international protection after the release
the decision of the Department of international protection in case the Ministry of
demonstrate that it filed suit against this decision with the proposal on the granting of
suspensive effect, if it is not bringing an action under this Act.
(6) the Ministry shall determine by Decree the licence applicant for a pattern
international protection. "
125. In paragraph 59. 3 (b). (d)), the words "the deprivation or limitation of
the eligibility of legal capacity "are replaced by the words" mom ".
126. In paragraph 59. 3 letter f) and (g)):
"(f)) for the resident in the territory of the" international protection granted CZE day
[date] "^ 18),
(g)) for the resident in the territory of the "residence permit for a long-term
resident status-EU ^ 18). "
127. In paragraph 59. 3, the following point (h)), which read:
"h) the record referred to in paragraph 4.".
128. In section 59 paragraph 3, the following paragraph 4 is added:
"(4) the name, or names, and surname azylanta or beneficiaries
additional protection is in the card of residence permit shall in accordance with the shape of the
referred to in the Latin alphabet in the travel document. If the azylantovi or to the person
beneficiaries of subsidiary protection issued by the Office Hall of the Czech Republic
birth or marriage certificate in the name, or names, and last names in the
another form, shall indicate this fact to the Ministry in the form of a record in a
certificate of residence permit including the indication of the name or names, and
the last name in the form referred to in his hometown and his sheet. ".
Paragraphs 4 to 9, shall be renumbered as paragraphs 5 to 10.
129. In paragraph 59. 9, the words "so that it was confirmed that the
the holder of the certificate presented by the residence permit ' shall be deleted.
130. In paragraph 59. 10 (a). (b)), the words "paragraph 4" shall be replaced by the words
"paragraph 5".
131. In section 59b, paragraph. 2 the words "holder, a damaged card to
stay, the announcement of the loss, destruction, damage or theft of the card
residence permit or confirmation of the findings of the malfunction data carriers with
biometric data in identity card of residence permit "shall be replaced by the words
"holder, and the damaged card for a residence permit or licence
the failed carrier data with biometric data ".
132. In section 60, paragraph. 1 (a). (c)), the words "(a). (b)), or (c)) "shall be replaced by
the words "(a). and (c))) ".
133. In section 60, paragraph. 1 (a). (d)), the words "(a). (c)), or (d)), or "
be replaced by a comma.
134. In section 60, paragraph. 1 at the end of paragraph 1, the period is replaced by a comma and
the following points (f) and (g))) are added:
"(f)) has acquired the authority of a court decision to limit, mom, or
g) was abolished the indication of the place of residence of the person reported or azylanta
beneficiaries of subsidiary protection in the territory; This does not apply, if the resident
on the territory, which by reason of the stay on the territory of another Member State
The European Union has canceled the accommodation on the territory. ".
135. the footnote No. 10:
' 10), Act No 634/2004 Coll., on administrative fees, as amended
regulations. ".
136. In § 63 paragraph. 2 and article 65, paragraph. 6, the words "2 photos" are replaced by
the words "1 photo".
137. § 64a including title:
"§ 64a
Travel document issued to the person enjoying subsidiary protection
A person enjoying subsidiary protection shall, on request, shall issue alien's passport
According to the Act on the stay of foreigners on the territory of the Czech Republic. ".
138. In section 65 paragraph 3 shall be inserted after paragraph 4 and 5 are added:
"(4) the travel identity card on the Ministry shall issue, at the request
foreigners, that is strpěn to the territory under this Act.
(5) travel identity card, the Ministry will issue further in order to
travel by foreigners staying illegally in the territory without valid travel
the document, after the
and) their international protection in the territory,
(b) the entry into force of the decision) of the Ministry of international
protection, did not file a lawsuit against him, the stranger
(c)) the entry into force of a court decision on an action against a decision
the Department of international protection, if an alien has not submitted against him
the cassation complaint, or
d) acquisition of legal decision on complaint. ".
Paragraphs 4 to 8 shall be renumbered 6 to 10.
139. In paragraph 65. 6 the second sentence, the words "paragraphs 2 and 3 ' shall be replaced by
the words "paragraphs 2 to 5".
140. In paragraph 65. 8, the words "or a person enjoying the additional azylant
protection "shall be replaced by" the applicant for the grant of international protection ".
141. In paragraph § 65a. 1, the words "in 2 foreign languages" shall be replaced by the words "in the
one foreign language ".
142. In § 71 paragraph. 1, letter a) is added:
"and the registration of applicants for the grant) of international protection, including
recordings taken under section 45, paragraph. 6. "
143. In § 71 paragraph. 1 (a). (c)), the words "of the applicants for the grant of international
protection, "shall be deleted.
144. In § 71 paragraph. 1 (a). g), the words "follows directly
the applicable regulation in the European Union ^ 4a) "shall be replaced by the words" leads the proceedings for
the handover to the competent State ".
145. In § 71 paragraph. 2 (a). and (b), the words "). and), c), (f) and (g))) "shall be replaced by
the words "(a). and), c) and (f)) "and the words", where appropriate, in the scope of the certificate "
shall be replaced by the words "and to the extent of providing data to applications for
the granting of international protection ".
146. In section 71 is at the end of paragraph 2, the period is replaced by a comma and the following
letter e), which reads as follows:
"(e)) (a). g data) are kept in the range of the data transmitted according to the right
the applicable regulation in the European Union ^ 20). ".
147. In § 71 paragraph. 3 the first sentence, after the words "protection," shall be inserted after
"asylum-seekers and persons enjoying subsidiary protection," and in the second sentence, the
the word "protection", the words "Libyan authorities and beneficiaries
additional protection, ".
148. In § 71 paragraph. 7 letter a) is added:
"and grant applicants) international protection within the range of data processed
in the application for the grant of international protection taken in connection with the
her submission, ".
149. In section 71, paragraph. 7, letter a) the following new subparagraph (b)), which read:
"(b)) exit orders granted under this Act, in which the
kept the data in the range of the data processed in order, number, and visa
the series issued by the výjezdního command, its date of issue and the period for which
Exit command issued was ".
Letters b) to (d)) shall be renumbered as paragraphs (c) to (e)).)
150. In section 71, paragraph. 7 (b). (d)), the words "section 4 (c) of paragraph 1. 1 and § 47 odst. 1 "
replaced by the words "section, paragraph 45. 6. "
151. In § 71 paragraph. 8 the third sentence, the words "paragraph 7 (b). (d)) "shall be replaced
the words "paragraph 7 (b). (e)) "and the words" then, when he was shipped by the manufacturer
the card of residence permit "shall be replaced by the words" after the takeover of the card on the
residence permit to teach or a person enjoying subsidiary protection ".
152. In § 71 paragraph. 11, the words "section, paragraph 59. 4 "shall be replaced by the words" § 59
paragraph. 5. "
153. In § 71 paragraph. 12, the words "paragraph 7 (b). (d)) "shall be replaced by
"paragraph 7 (b). (e)) ".
154. In § 71 paragraph. 14, the words "writing, technical mediums
data or the way the mix and in the same form "
replaced by the words "documentary or electronic form and in the same form".
155. In § 71 paragraph. 15, the words "5 years after the termination of the stay of persons in the territory.
If the data are kept at technical data carriers, destroyed "
shall be deleted.
156. § 72, including the title.
157. § 73 and 74 including the following title:
"§ 73
Control in a reception center at the international airport
(1) the police shall transmit to the applicant for the grant of international protection, the request
on the granting of international protection in the transit area of the international
the airport, in the reception centre at the international airport, if they are not
reasons for met pursuant to the Act on the stay of foreigners on the
the territory of the Czech Republic.
(2) the Ministry shall instruct applicants on the grant of international protection when its
transfer to a receiving centre at the international airport of the fact
that request does not grant the right to international protection
the entrance in the territory and will be liable, unless the context otherwise requires, for the period
the procedure for its application to remain in the reception center at the international
the airport.
(3) the Ministry shall decide within 5 days from the date of submission of the grant
international protection, if necessary, to prevent the entry into the territory of the
the applicant for the grant of international protection if you cannot effectively exercise
Special measures if
and to ensure it is reliable), or verify its
the identity,
(b)) shall be demonstrated through false or counterfeit identity documents, and
If the identity is not otherwise known,
(c)) is a reason to believe that he could pose a danger to the
the security of the State or public order,
(d)) will be moved to the State of the bound directly applicable law
The European Union ^ 20) and if there is a serious risk of flight, in particular if the
the applicant has in the past avoided relocation, or tried to escape or
He expressed the intention to disregard the final decision on the move to
State bound directly applicable EU regulation ^ 20) or if the
is such intention apparent from his actions,
e) there are reasonable grounds to believe that the request for grant
international protection in order to avoid the threat of expulsion,
release or transfer pursuant to a European arrest warrant to the criminal
prosecution or imprisonment abroad, or is
delay, although he could apply for the grant of international protection before
or
(f)) Act makes it difficult for the proceeding in respect of international protection, and it
in particular, the fact that the Ministry does not provide the necessary assistance, and therefore
It is not possible in the procedure for granting international protection to find out the status of things
which are not reasonable doubt, there is a risk of escape or already
before he left the territory, if such a procedure is not inconsistent with the
the international commitments of the Czech Republic.
(4) Ministry in the decision to prevent the entry into the territory of lays down
the duration for which the applicant is unable to grant international protection on the territory of the
Enter; This period can be extended, even repeatedly. Duration of stay
the applicant for the grant of international protection in the reception center on
the International Airport may not be longer than 120 days from the date of submission of the application
on the granting of international protection.
(5) in proceedings to prevent the entry into the territory and in the extension of the
time that you cannot enter the territory of the applicant for the grant of international
to enable protection, the issue of the decision of the first act in the proceedings. Decomposition,
recovery management or review procedures are not permitted. In the decision
do not allow entry to the territory and in the decision on the extension of the period during which the
You cannot allow entry to the territory, the Ministry shall instruct the applicant to grant a
international protection of the possibility to submit a proposal for the appointment of a representative for the
claim under the code of civil procedure of administrative.
(6) against the decision of the Ministry to prevent the entry into the territory and the
extension of the period during which cannot enter the territory of the applicant for the grant of
international protection enabled, you can file a complaint within 30 days from the date of
notification of the decision, and that through the Ministry of or locally
the competent regional court, which is the District Court in whose district the is
the applicant for the grant of international protection on the day of submission of the claim reported to
the stay.
(7) in the event that the action is brought, through the Ministry of
the Ministry shall submit to the Court, the lawsuit and the administrative file
within 5 days from the date of service of the action, if the action is filed with the competent
the Court, the Court's administrative file. The Ministry shall submit to the Court
the expression of the action and the administrative file within 5 days, and at the same time delivers its
the answer to the application, the applicant for the grant of international protection; about the application
the Court shall decide within 7 working days from the date of receipt of the administrative file
of the Court. Court to hear the case of negotiations, will propose if the participant
proceedings not later than 5 days from the date of submission of the application, or if it is
necessary; must be the applicant for the grant of international protection in the
the decision of the Ministry advised. If the Court decides about the annulment of the contested
the decision, it shall inform the Ministry immediately after its publication in the
the judgment.
(8) the Ministry after the period of validity of the decision to prevent the entry of
examine whether there are grounds for which the applicant for the grant has not been
international protection is allowed to enter the territory. The Ministry on the issue
the decision to prevent the entry into the territory shall instruct the applicant to grant a
international protection of his right to request a review of the reasons
do not allow entry to the territory, and that after the expiry of 1 month from the date of acquisition
the decision of the Ministry or, if filed against this
the decision, the date of the entry into force of the decision on the application.
(9) If, in the course of the stay of the applicant for the grant of international protection in the
Reception Center at the international airport detected a new fact
justifying the unauthorized entry into the territory of the other shall issue
the Ministry of the new decision to prevent the entry into the territory. The release of the
the new decision to prevent the entry into the territory of the present force
the decision to prevent the entry into the territory. The release of the new
the decision to prevent the entry into the territory of the period referred to in paragraph 4
does not cut even.
(10) the Ministry shall decide on the inadmissibility of the application for the grant of
international protection or that the application for the granting of international
protection is rejected as manifestly unreasonable, not later than 4 weeks from the date of
submission of applications for the granting of international protection.
§ 74
(1) the Ministry will allow without a decision, does not impose a specific measures,
the entry on the territory of aliens who submitted the request for the grant of international
protection in the transit area of an international airport, and shall ensure that its
transport to the refugee to the territory, in the case of a vulnerable person, with
except for persons with disabilities that do not prevent her location
in a reception center or in the equipment for the Czech Republic.
(2) the Ministry will allow the entry of the applicant without undue delay of the grant
international protection, which made the application for the grant of international protection in the
the transit area of the international airport, on a territory without a decision,
If
and) ceases the reasons for which the applicant was not to grant international
the protection granted entry to the territory,
(b) the expiry of the period laid down in) the decision to prevent the entry into the territory of the
or an extension of the period for which you cannot enable entry to the territory,
(c)), the Court decided to cancel the decision to prevent the entry into the territory or
the decision on the extension of the period during which you cannot enable entry into the territory;
the obligation to allow entry of the applicant for the grant of international protection in the territory of
the announcement of the judgment being exercised by arises,
(d) the applicant for the grant) was the international protection granted asylum or
additional protection, or e) Ministry within 4 weeks from the date of submission of the
the application for the grant of international protection on inadmissibility
the application for the grant of international protection or that the application for
the granting of international protection is rejected as manifestly unreasonable.
(3) the Ministry is authorised to impose special measures if
the applicant for the grant of international protection to enter the territory without a decision. In
such a case, the Ministry of transport of the applicant for the grant of
international protection to asylum establishments in the territory.
(4) the police and the operator of the reception centre on the international
the airport on the basis of the prompt written communication of the Ministry of
carry out the necessary tasks associated with enabling the entry of the applicant for
the granting of international protection in the territory and the operator shall ensure that its
transport to the refugee to the territory.
(5) an alien who has not submitted a complaint against the decision of the Ministry in case
international protection or cassation complaint or such action or
the Court of cassation complaint has not been granted suspensive effect, is obliged to
remain in the reception center at the international airport in order to
departure from the territory for a maximum period of 30 days from the date of acquisition
the decision of the Department of international protection or
the regional court of the application or from the date of the entry into force of the decision,
which action or cassation complaint No suspensory effect.
The obligation to remain in the reception center at the international airport for the
the purpose of the exit from the territory also applies to foreigners whose appeal
the complaint was rejected. If you cannot travel to take place within the time limit
According to the first sentence because of the obstacles on the will of foreigners, the independent
foreigners allowed to enter the territory without a decision.
(6) the Foreigners who applied for voluntary return in a reception center
at the international airport or who is required to remain in this
Reception Center for the purpose of travel, the police will take on the border
transition. ".
158. Under section 76, the words "permanent residence", the words "within the meaning of the Act
on the stay of foreigners on the territory of the Czech Republic. "
159. section 77 including a footnote No. 34:
"§ 77
(1) the place of residence of the applicant reported to grant international protection is
the asylum facility, which is located by the Ministry, or a device for
ensure the foreigners or the reception centre, in which is provided.
(2) the applicant for the grant of international protection requests a change in the place of the reporting
written requests have been filed to the Ministry's stay. When a request for a change of the place of
the reporting is the applicant for the grant of international protection must
and to communicate the name, first name), day, month and year of birth, citizenship,
the number of the licence of the applicant for the grant of international protection and the expected
for accommodation,
(b)) submit proof of accommodation under paragraph 5 and
(c) submit the licence applicant) the granting of international protection.
(3) the Accommodation may be provided for only in the object that is referred to in
special legal regulation ^ 34) numbered descriptive or
registration number, as appropriate, guidance, and is in accordance with the building Act
intended for housing, accommodation and recreation.
(4) the Ministry shall reject the request for amendment of the place of residence of the reporting,
If it finds the fact to justify the doubts about the availability of
the applicant for the grant of international protection for the purposes of the proceedings for grant
international protection in the new place of residence, or reported finds that
submitted documents containing false fact.
(5) proof of accommodation for the purposes of this Act, shall be deemed to
document
and ownership) flat or House,
(b) the justification of the use) of the apartment or House, or
(c)), which is a written confirmation from the owner or authorized user of the apartment
or the House, with its's officially certified signature, which is the applicant for
the granting of international protection granted approval with accommodation; in this
the case of accommodation must comply with the requirements provided for in § 100 (b). (d))
Act on the stay of foreigners on the territory of the Czech Republic.
(6) the officially certified signature on the written confirmation of the person who is
the owner or the authorized user of the apartment or House is not required,
If
and the authorized person sign the document) before the designated worker
the Ministry,
(b)) document is administered electronically and is signed by a recognized
an electronic signature, or
(c)), the document is delivered through the data on the Clipboard.
(7) the Ministry shall decide on cancellation of the data on the place of residence of the reporting,
If the entry is made on the basis of forged, invalid or
forged documents falsely or incorrectly referred to the facts
or at the request of the owner. Corruption against a decision pursuant to the first sentence does not have
suspensory effect.
(8) After the entry into force of the decision referred to in paragraph 7, the place of
the reporting of deemed residence.
(9) the Ministry shall notify the police within 3 working days change places
the reporting of the stay of the applicant for the grant of international protection.
34) Decree No. 326/2000 Coll. on the method of labelling and other
public spaces, how to use the names and location of the numbers to
the designation of the buildings, on the terms of the Declaration of the renumbering of the buildings and of the
procedure and notification of allocation of numbers and documents necessary for the allocation of
numbers, as amended. ".
160. In section 78, paragraph 4 reads:
"(4) when the reporting stay azylanta or beneficiaries of supplementary
protection, reports his changes and cancellation of the place of residence shall be reported in section 77
apply accordingly. ".
161. section 78b including title:
"§ 78b
Acquiescence in the territory
(1) the Ministry shall decide on the request of foreigners on the territory of its acquiescence to the
time required, if the alien has submitted the elements referred to in
paragraph 4. About prolonging the Ministry of foreigners on the territory issue a confirmation of
acquiescence in the territory, in which indicate the time prolonging the territory. Prolonging the
foreigners in the territory is excluded, if the foreigner is residing on the territory on the basis of
a residence permit under the Act on the stay of foreigners on the territory of the Czech
the Republic or is ensured.
(2) at the request of the legal representative, the Ministry shall decide on prolonging the
the territory of the child born on the territory.
(3) the Ministry shall decide on prolonging the legal representative on the territory of one
a child who is in the territory of strpěno under this law, if presented
the particulars referred to in paragraph 4 (b). and (c))) on the basis of the request
This legal representative.
(4) the request for prolonging the territory or the extension of the period of acquiescence on the territory of the
the alien is obliged to
and submit a travel document) if its holder,
(b)) submit proof of timely filed complaint with the proposal on the
granting suspensive effect or when the time prolonging the proof of
granting suspensive effect brought by the cassation complaint and proof that
proceedings lodged complaint has not yet been over, and
(c) demonstrate the reporting address) stay on the territory.
(5) the Ministry at the request of foreigners on the territory of prolonging the period shall be extended to the
time required, if there is no procedure for cassation complaints RES
completed; the provisions of paragraph 1, second and third sentences, shall apply mutatis mutandis.
(6) the Acquiescence on the territory expires on the date of legal effect of the decision of the Court
the cassation complaint or cassation submitted nepřiznáním suspensive effect
the complaint. Acquiescence in the territory of a child born within the territory referred to in paragraph 2
Furthermore expires on the date of legal effect of the decision of the Court of Cassation
complaint or nepřiznáním suspensive effect, filed complaint
the legal representative of a child born on the territory. Acquiescence in the territory
legal guardian in accordance with paragraph 3 shall lapse on the date of entry into force
decision of the Court of cassation complaint of the child or nepřiznáním suspensive
the effect of the filed complaint.
(7) the Ministry shall mark the demise of acquiescence on the territory in acknowledgement of prolonging the
on the territory and grants foreigners an exit command with valid for a maximum period of 1
of the month. The alien is obliged to attend for the purpose of the designation of the demise of the
prolonging the territory to the Ministry without undue delay, no later than
15 days from the date of the entry into force of the decision on the complaint.
(8) at the request of the Department of foreigners of acquiescence in the territory shall be cancelled and the
in confirmation of this fact, prolonging the territory.
(9) when an alien's stay, which is on the territory of strpěn, and reporting
the changes to section 77 shall apply mutatis mutandis. ";"
162. section 78c is deleted.
163. In paragraph 78d. 1 and 2, the words "which is granted a visa for the purpose of
prolonging the stay "shall be replaced by the words" that is strpěn to the territory ".
164. In paragraph 78d. 5 the second sentence, the words "the specified device in the asylum
or a device for securing foreigners ^ 3) ' shall be deleted.
165. In section 78d, the following paragraph 6 is added:
"(6) an alien who is in the territory of strpěn, and is free of charge staying in
the asylum facilities where food is provided, the Department will provide
the financial contribution in the amount corresponding to the amount of the subsistence level ^ 9)
foreigners and persons evaluated jointly with him for his accommodation in
the asylum facility. The provisions of § 42 paragraph. 4 and 5 shall apply mutatis mutandis.
The financial contribution referred to in paragraph 2, in this case, provide the
cannot be. ".
166. In § 79 paragraph. 2 the words "foreigners pending implementation of the operations referred to
in section 46 or "shall be replaced by the words" the applicant for the grant of international protection
or the alien "and at the end of the paragraph, the following sentence" For admissions
the Centre at the international airport and the reception centre on the
another international airport or other asylum equipment intended
the Ministry near the international airport, unless for reasons of
capacity and related to the admission Center foreigners put on
the international airport, in the transit area of has filed a request for
the granting of international protection. If the police of foreigners into the drawing
Center, according to the second sentence, for transport is empowered to restrict its
personal liberty and freedom of movement. External surveillance of other asylum
the device specified by the Ministry in accordance with the second sentence be carried out by the police. ".
167. In § 79 paragraph. 5 of the introductory part of the provisions, the word "exceptionally"
repealed.
168. In § 79 paragraph. 5 at the end of subparagraph (c)), the word "or" shall be deleted,
the end of the paragraph, the dot is replaced by the word "or" and the following
letter e), which reads as follows:
"e) foreigners, that is strpěn to the territory pursuant to this Act, for a period of
prolonging the validity of the certificate of the territory. ".
169. Under section 79, the following paragraph 8 is added:
"(8) the Ministry shall ensure that the applicant for the grant of international
protection in asylum establishments, particularly with respect to vulnerable people,
working people who have been appropriately trained. ".
170. In § 81 paragraph 2 is added:
"(2) the operator of an asylum facility within their respective powers and
the purpose of the implementation of the tasks referred to in this law shall determine whether an applicant for a grant
international protection is a vulnerable person. If the applicant for the grant of
international protection, which is a vulnerable person, the operator on
Specifies whether this applicant for the granting of international protection has specific
If necessary, shall determine the nature of those needs and take into account to them all the time
the stay of the applicant for the grant of international protection in asylum facilities. ".
171. Article 81, the following paragraph 3 is added:
"(3) an unaccompanied minor after their acts under section 46
paragraph. 1 places on the basis of a court decision in the educational establishment for
the performance of institutional care or in the care of the person indicated in the Court's decision. ".
172. In paragraph 3 of section 81a:
"(3) a person staying in a reception center at the international airport
must not be brought into this centre or in the Centre of the keep
electronic communication devices. Ministry of electronic
communication device removes and saves them into custody and remove
electronic communication device shall issue to the person a confirmation.
The person with the electronic communications equipment will return when leaving
the reception centre at the international airport. As it progresses
the Ministry, in the case of electronic communications equipment removed
police persons to personal inspection and passed to the Ministry for the custody. ".
173. section 82 is added:
"§ 82
(1) the applicant for the grant of international protection is required to notify the
the Ministry leaving refugee centers for a period longer than 24 hours.
In the notification, the applicant for the granting of international protection shall indicate the address where the
will stay, and length of stay outside the residential centre. Leaving the
refugee centres for a period longer than 3 days is the applicant for the grant of
international protection shall notify the Ministry of at least 24
hours before the departure of the refugee centre.
(2) the applicant for the grant of international protection reported to stay at pobytovém
the Centre this centre may leave for a maximum of 10 days in the
calendar month.
(3) the Ministry may allow leaving the refugee centre to the next
the days in the calendar month beyond the period laid down in paragraph 2, shall not prevent the
It's the proper conduct of proceedings relating to international protection and, if
the applicant for the grant of international protection stated that the notified address
will keep at least 15 days.
(4) in the case of non-compliance with the notified or approved the length of leave
residential centers can be the applicant for the grant of international protection
pobytovým Centre in the context of the possibilities of this Centre
ensure the alternative form of accommodation for the period strictly necessary. The validity of the
the notification referred to in paragraph 1 and leaving the residence permit of the Centre
in accordance with paragraphs 2, 3 and 5 shall cease on the return of the applicant for the grant of international
protection to the refugee centres.
(5) where proceedings for the grant of international protection stopped under section 25
(a). I) that referred to in section 10a of the paragraph. 1 (a). (b)) or if the
the applicant for the grant of international protection to specific measures,
subject to the abandonment of the residential centres for longer than 24 hours
prior authorization by the Ministry; paragraph 1 shall apply mutatis mutandis.
In this case, the Ministry may allow leaving the residence
the Centre for a period of not more than 10 days in a calendar month; paragraph 3 shall
not apply. ".
174. Article 83, paragraph 2 reads:
"(2) in particular, the regulations provide for the Accommodation
and the schedule of payment of pocket money), or of a financial contribution,
(b) the timetable for the provision of food),
(c)) mode of visits
(d)) schedule resources, hygiene issues
(e) the rights and obligations of the parties) housed in asylum facilities
(f) the conditions for asylum accommodation) facilities
(g)) the rules for the submission of applications, complaints and suggestions concerning the
the running of the asylum facilities and
h) offer of cultural, sports and other activities specifically for
the different ages of minors. "
175. In section 83, the following paragraph 6 is added:
"(6) if there are reasonable grounds for concern that the applicant for the grant of international
protection or a stranger will frustrate or complicate the departure from the territory, it is
the Ministry is obliged to inform the applicant of the grant of international protection
or a stranger about the date, time and reason for his leaving the asylum facility, and
no later than 24 hours in advance; If it is not at this time, the Department of the date and
clock-out time, I know, inform the applicant of the grant of international protection or
foreigners without undue delay after what is know. ".
176. In section 84, the present text shall become paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) the Ministry shall provide a one-time grant for the development of the village, on
whose territory is situated the asylum facility. The amount of the subsidy shall be decided by
Government. ".
177. § 85a is inserted:
"§ 85a
(1) an application for the grant of international protection shall cease on the validity of the
short term visas, long-stay visa or a permit to the long-term
the stay granted under the law on the stay of foreigners on the territory of the Czech
of the Republic.
(2) if it is decided to ensure the applicant for the grant of international protection
under this Act, or pursuant to the Act on the stay of foreigners on the territory of the Czech
Republic and carries to ensure the equipment for the Czech Republic,
looking for the purpose of stay in the facility for securing foreigners on such
the applicant for the grant of international protection to aliens secured
According to the Act on the stay of foreigners on the territory of the Czech Republic.
(3) an applicant for the granting of international protection under the conditions laid down
the Act on residence of aliens in the territory of the Czech Republic is obliged to submit to an
ensure the equipment to ensure foreigners. ".
178. In section 85b of paragraph 1. 1 the first sentence, after the words "Ministry of power
the official ", the words" after the end of the provision of international protection to
the territory, "and at the end of the text of the first sentence, the words" if it is not
followed by the Act on the stay of foreigners on the territory of the Czech Republic. "
179. In section 85b of paragraph 1. 1, the second sentence shall be replaced by the phrase "in justified
cases, in particular if the Ministry decides on the payment of the costs
with voluntary return, you can issue the exit command repeatedly. ".
180. In section 86, the following paragraph 4 is added:
"(4) the Ministry of the Decree lays down the list of safe countries of origin,
safe third country and European safe third countries. Lists
countries laid down by Decree the Ministry shall review, at least once in the
the calendar year ".
181. In section 87, paragraph. 1 the first sentence, the words "the issue of handouts
the decision "shall be replaced by the words" the State of things, of which there are reasonable grounds for
doubts, "and at the end of the paragraph, the following sentence" the Ministry will allow
get familiar with the essential part of the content of such information or opinions
only if it is essential for the Ministry's decision in the matter of
international protection, the applicant for the grant of international protection and on
agents, who is authorized to get classified information
According to the law on the protection of classified information. "
182. the footnote No. 12:
"12) Act No. 153/1994 Coll., on the intelligence services, as amended by
amended.
Act No. 154/1994 Coll., on the security information service, as amended by
amended.
Law no 289/2005 Coll. on Military Intelligence, as amended
regulations. ".
183. Article 87 paragraph 5 to 7 are added:
"(5) the police shall transmit to the Ministry without undue delay, request a grant
international protection lodged by an alien police. The police when you pass
filed a request for the grant of international protection to the Ministry shall communicate the name,
where appropriate, the name, surname, date of birth, gender and nationality
a foreigner who has submitted an application for the grant of international protection, and day and
place of application for the grant of international protection.
(6) the police shall examine, at the request of the Ministry of information indicated in the application
under section 77.
(7) the Ministry or the police at the request of Ministry of transport shall ensure
the applicant for the grant of international protection or foreigners on border crossing
State bound directly applicable EU regulation ^ 20)
responsible for examining a request for the grant of international protection or
compulsory to accept the alien's back. Or at the request of the Ministry of police
the Ministry also secures transport of the applicant for the grant of international
protection or alien from the port of exit in the case of the Czech
the Republic is relevant to the assessment of his application for an international
protection or is obliged to take back the territory of foreigners. The police are
authorised for transport to limit personal freedom and freedom of movement
the applicant for the grant of international protection or foreigners. ".
184. In section 87 shall be added to paragraph 9 and 10 are added:
"(9) the police shall ensure, at the request of the Ministry of transport of the applicant for
the granting of international protection to ensure the aliens for the purpose of
his collateral pursuant to section 46a, paragraph. 2 or 3. The police is authorised for
transport to limit personal freedom and the freedom of movement of the applicant for the grant of
international protection.
(10) the costs associated with the transport of the police of the applicant for the grant of international
the protection referred to in paragraphs 7 and 9 shall be borne by the Ministry. ".
185. Section 87a:
"§ 87a
(1) foreigners located in asylum facilities referred to in section 73, paragraph. 1
or § 79 paragraph. 2 the second sentence is seen as the applicant for the grant of
international protection for the purpose of providing health services and services
under section 42, with the exception of the sail. The financial contribution referred to in section 43
cannot provide.
(2) On foreigners whose application for the grant of international protection was
proceedings terminated because of inadmissibility under section 10a of the paragraph. 1 (a). (b)),
seen as the applicant for the grant of international protection until his
departure from the territory for the purpose of providing health services and services
under section 42, with the exception of the sail. The financial contribution referred to in section 43
cannot provide.
(3) The applicant for the grant of international protection, who handed additional
a recurring request, are not covered by the rights and permissions that should as a
the applicant for the grant of international protection under this Act, and the Special
the legislation. For the purposes of administrative expulsion and to ensure the
the applicant for the grant of international protection as the stranger
According to the Act on the stay of foreigners on the territory of the Czech Republic.
(4) the residence of foreigners and the applicant for the grant of international protection in the receiving
the Centre at the international airport, its transfer to another
the reception centre at the international airport or its relocation to
Another refugee, according to § 79 paragraph. 2 and stay in it
not be considered as entry and residence in the territory. The stay of the applicant for the grant of
international protection in asylum establishments referred to in the first sentence, section 46
paragraph. 2 apply mutatis mutandis. ";"
186. In paragraph 88. 1, the words "which has been granted a visa for the purpose of
prolonging the stay "shall be replaced by the words" which is on the territory of the strpěn, "and the word
"birth," shall be replaced by the word "birth".
187. Article 88, paragraph 3 reads:
"(3) an applicant for the granting of international protection and the stranger who is strpěn
in the territory, for the purposes of public health insurance until
the decision of the Department of international protection are enforceable,
considered as foreigners with a permanent residence on the territory of enabled. Child of the applicant
on the granting of international protection of the child born in the territory, an alien who is
on the territory of strpěn, born in the territory, and the child born on the territory of the
azylantce or a person enjoying subsidiary protection and is staying in the territory,
for the purposes of public health insurance be considered foreigners with
enabled residents to the territory for a maximum period of 60 days from the date of
of birth or, if the child request for prolonging the territory in accordance with
of this Act or of any other kind of stay on the territory according to the Act on the stay of
foreigners in the territory of the Czech Republic, from the date of submission of the application until the
the child strpěno the territory pursuant to this Act or decision on
another kind of stay on the territory according to the Act on the stay of foreigners on the territory of the
Of the Czech Republic. ".
188. In paragraph 88. 4, the words "which has been granted a visa for the purpose of
prolonging the stay "shall be replaced by the words" that is strpěn to the territory ".
189. In paragraph 88. 5, after the word "detention", the words "the protection
healing, ".
190. section 88a:
"section 88a
The applicant for the grant of international protection, the stranger, which is strpěn on the
territory in accordance with this Act, and a person enjoying subsidiary protection
are required within 60 days of the date of birth of the child in the territory of the lodge for the child
application for the grant of international protection or make a request for prolonging the
the territories under this Act or the application of a different kind of stay on the territory of the
According to the Act on the stay of foreigners on the territory of the Czech Republic. A period of 60 days
considered to be preserved, and even for the purposes of public health
insurance, if the applicant for the grant of international protection, the stranger,
that is strpěn to the territory under this Act, or a person
beneficiaries of subsidiary protection, in compliance with the obligations referred to in the sentence
the first prevented the obstacle to their will. An applicant for a grant
international protection, alien, which is strpěn to the territory pursuant to this
Act, or a person enjoying subsidiary protection are required to
meet the obligation referred to in the first sentence within 3 working days after the apostasy
obstacles. ".
191. In section 88b, the words "proceedings" shall be replaced by the word
"request".
192. Footnote 13 is:
"13) Law No 89/2012 Coll., of the civil code.
Law No. 292/2013 Coll., on special procedures the Court. ".
193. In section 89, paragraph. 1, the second and third sentences deleted.
Footnote No. 13a shall be deleted.
194. In § 89 paragraph 3 and 4 are added:
"(3) if the applicant for the grant of international protection of the underage person without
and if there are grounds for reasonable doubts about the requested her age, shall be
in order to determine her age a medical examination. If the minor refuses to
unaccompanied perform the medical examination, it will be
the Ministry regarded as an applicant for a grant of the zletilého international
the protection. If a medical examination to determine the age referred to in the sentence
the first is not conclusive, the Department focused on the applicant for the grant of
international protection as the unaccompanied minor.
(4) the possibility of determining the age of using the medical examination referred to in paragraph 3
the Ministry shall inform the unaccompanied minor in the mother
language or in the language in which it is able to communicate, in the call to
the provision of data to the application submitted by the grant of international protection or in
reasonable period of time, not later than 15 days from the date of provision of the data to be submitted
applications for international protection. In the Ministry of information indicating the
also the way in which the examination is being carried out shall inform the minor without
escorts on its possible consequences and also instruct her on the consequences
denial of medical examination for the examination of her application for an
international protection. "
195. In section 91a, the word "Treaty" ^ 1b) "shall be replaced by" Treaty "^ 22)".
196. section 92 and 92a, including title deleted.
197. section 92b and 92 c are inserted:
"section 92b
(1) The procedure for prolonging the territory and on the procedure for the cancellation of acquiescence on the territory of the
do not apply the second and third section of the administrative procedure.
(2) on an appeal against a decision pursuant to section 53d and is decided by the Commission for the 53e
decision-making in matters of residence of aliens established under the Act on the stay of
foreigners in the territory of the Czech Republic.
section 92 c
The Ministry may discharge the tasks referred to in § § 34 paragraph 4b. 2, section 42
paragraph. 1 to 5, 7 and 9, § 42 paragraph. 1 to 3 of section 43, paragraph. 6, § 45, paragraph. 3, §
paragraph 47. 8, section 48 (a). (c)), § 50a paragraph. 1, § 53a paragraph. 2, § 54a § 71
paragraph. 3, section 74, paragraph. 1 only to the extent of arranging transportation, § 77, paragraph. 1,
section 78d paragraph. 5 and 6, § 79 paragraph. 5, 7 and 8, section 80 (2). 2 and 3 of section 81a of paragraph 1. 2
and 3, § 83, paragraph. 1 and 6, section 87, paragraph. 7 only in the range of transport,
section 88 and 89a to entrust the Organization set up by the Ministry of State folder. ".
198. Article 93, paragraphs 1 to 3 shall be added:
"(1) the alien has committed the offence by
and) contrary to section 46 paragraph. 1 leave the reception centre,
(b)) in contravention of section, paragraph 54. 2 where the territory of, or
(c)) in contravention of section 74 paragraph. 5 nesetrvá in the reception center on
the international airport.
(2) an alien who is in the territory of strpěn, commits an offence, by
fails to comply with an obligation under section 78b, paragraph. 7, or fails to do at least one of the
the acts referred to in section 88a.
(3) an applicant for the granting of international protection commits the offence by
and) contrary to section 3 c
1. does the centre designated by the Ministry of the
a period of 24 hours from the moment, when the made the request to grant international
the protection of the police under section 3a (a). and point 3) was released from
hospitalization, performance security detention, protective treatment, custody
or imprisonment, it was decided for his release as a
the detainees, or after leaving school for the performance of the constitutional
education or protective education or educational establishment for preventive
educational care, or
2. fail to notify without undue delay the police or Ministry of the obstacle
in his will, the independent
(b)) does not appear to interview according to § 23 paragraph. 4,
(c) refuses to tolerate any) identification tasks pursuant to section 45, paragraph. 6,
(d)) in contravention of section 41, paragraph. 1 does or does not submit a travel document,
(e) fails to pass on) a long-term residency permit under section 41, paragraph.
4,
(f)) in contravention of section 45, paragraph. 1 admit the financial means to
available, or at the time of stay in the asylum of equipment does the thing
endangering the life or health of persons or alcohol and other addictive substance
or, if it is placed in a reception center at the international airport,
does electronic communication devices,
g) refuses to tolerate personal tour or a tour of their affairs under section 45
paragraph. 2,
h) contrary to section 46 paragraph. 1 leave the reception centre,
I) contrary to the decision of the Ministry issued pursuant to section 46a, paragraph. 1, 2
or 3 nesetrvá in ensuring in the reception center or at the
the Czech Republic,
j) fail to comply with any of the requirements under section 48,
to fail to fulfil one of the obligations) under section 49,
l) violate the decision of the Ministry issued under section 73, paragraph. 3
does not allow entry to the territory,
m) in contravention of section 82, paragraph. 1, 2 or 3 leaves the residential centre, or
n) fails at least one of the operations referred to in section 88a. ".
199. In paragraph 93. 4 (b). (b)) and article 93, paragraph. 5 (a). (b)), the words "(a). I)
and (j)) "shall be replaced by" subparagraph (a). h) and (i)) "and the words" § 47 "shall be replaced by the words
"section, paragraph 45. 6. "
200. In paragraph 93. 5 (a). (c)), the words "§ 53a paragraph. 1 "shall be replaced by the words
"§ 53a paragraph. 4. "
201. In paragraph 93. 8, the words "(a). (g)) "shall be replaced by" subparagraph (a). I) ", and
the words "§ 42 paragraph. 5 "shall be replaced by the words" § 42 paragraph. 6. "
202. the annexes 1 and 2 shall be deleted.
Article. (II)
Transitional provisions
1. Proceedings pursuant to Act No. 325/1999 Coll. initiated prior to the date
the effectiveness of this law, and to this day the hedge contingent exposures are completed and the rights and
obligations related thereto shall be assessed pursuant to Act No. 325/1999 Coll.
in the version effective as from the date of entry into force of this law, unless
unless otherwise provided for.
2. the Declaration of the intention to apply for international protection made pursuant to
Act No. 325/1999 Coll., as amended effective before the date of entry into force of
of this law, shall be deemed the filing of applications for the granting of international
protection under Act No. 325/1999 Coll., as amended, effective from the date of acquisition
the effectiveness of this Act.
3. Submission of applications for international protection under law No.
325/1999 Coll., as amended effective prior to the date of entry into force of this
the law is considered to provide data to applications submitted for the award of
international protection under Act No. 325/1999 Coll., as amended effective from
date of entry into force of this Act.
4. the time limit for the issuance of the decision and its extension under the Act No.
325/1999 Coll., as amended effective prior to the date of entry into force of this
law, shall apply to proceedings instituted before the date of entry into force of
of this law.
5. Remain in the reception centre or at the facility to ensure the
Aliens and the location in the reception center at the international airport in
as a result of unauthorized entry to the territory pursuant to Act No. 325/1999 Coll. in
the texts of the effective prior to the date of entry into force of this law shall be completed
According to Act No. 325/1999 Coll., as amended effective prior to the date
the effectiveness of this Act.
6. the determination of whether it is a vulnerable person with special needs,
proceedings according to Act No. 325/1999 Coll. commenced prior to the date
the effectiveness of this law, and to this day neskončeného not apply.
7. Visa to stay over 90 days for the purpose of prolonging the stay in the territory, granted
under § 78b Act No. 325/1999 Coll., as amended effective prior to the date
the effectiveness of this law, shall be considered valid for a period in it.
8. The amendment of the order issued pursuant to Act No. 325/1999 Coll., as amended by
effective prior to the date of entry into force of this law, shall be deemed to
valid for the period specified in it.
PART THE SECOND
Amendment of the Act on residence of aliens in the territory of the Czech Republic
Article. (III)
Act No. 326/1999 Coll., on stay of foreigners on the territory of the Czech Republic and the
amendment to certain acts, as amended by Act No 140/2001 Coll., Act No.
151/2002 Coll., Act No. 217/2002 Coll., Act No. 222/2003 Coll., Act No.
436/2004 Coll., Act No. 501/2004 Coll., Act No. 539/2004 Coll., Act No.
559/2004 Coll., Act No. 428/2005 Coll., Act No. 444/2005 Coll., Act No.
112/2006 Coll., Act No. 137/2006 Coll., Act No. 159/2006 Coll., Act No.
165/2006 Coll., Act No. 230/2006 Coll., Act No. 170/2007 Coll., Act No.
379/2007 Coll., Act No. 124/2008 Coll., Act No. 129/2008 Coll., Act No.
140/2008 Coll., Act No. 274/2008 Coll., Act No. 306/2008 Coll., Act No.
382/2008 Coll., Act No. 41/2009, Coll., the finding of the Constitutional Court
declared under the No 47/2009 Coll., Act No. 197/2009 Coll., Act No.
227/2009 Coll., Act No. 278/2009 Coll., Act No. 281/2009 Coll., Act No.
424/2010 Coll., Act No. 427/2010 Coll., Act No. 73/2011 Coll., Act No.
303/2011 Coll., Act No. 329/2011 Coll., Act No. 341/2011 Coll., Act No.
375/2011 Coll., Act No. 458/2011 Coll., Act No. 222/2012 Coll., Act No.
494/2012 Coll., Act No. 103/2013 Coll., Act No. 303/2013 Coll., Act No.
312/2013 Coll., legal measures the Senate no 344/2013 Coll., Act No.
101/2014 Coll., Act No. 203/2015 Coll. and Act No. 204/2015 Coll., amended
as follows:
1. In article 2 letter a) including footnote No 2:
"and by the applicant on the grant) is a international protection, a stranger, that is
strpěn on the territory of, or by a person enjoying teach supplementary protection ^ 2)
unless otherwise provided in this Act or special legislation otherwise,
2) Act No. 325/1999 Coll., on asylum, as amended. ".
2. In section 9 (2). 1 the letter j) is added:
"(j)) does not meet the requirements laid down by the Ministry of health measures
before the introduction of infectious diseases from abroad under the law on
the protection of public health (hereinafter referred to as "request the measures before the introduction of
infectious diseases ").".
3. In section 9 (2). 3 (b). and point 3):
"3. If does not meet the requirements of the measure before the introduction of infectious
disease ".
4. § 15a is inserted:
"§ 15a
(1) a family member of a citizen of the European Union, for the purposes of this
the law means its
and a husband)
(b)) a parent, in the case of a citizen of the European Union under the age of 21 years, for which the
actually cared,
(c)), a descendant of the younger age of 21 or a descendant of the European citizen's husband
the Union and the
(d)) a descendant of the ancestor or descendant or ancestor or spouse of the citizen
The European Union is due to meet their basic needs
addicted to diet or other care must be provided by a citizen of the European
the Union, or his spouse, or was this nutrition or other necessary care
addicted immediately before the entry to the territory of the State of which he is a citizen,
or in the State in which he is allowed to stay.
(2) A family member of a citizen of the European Union shall
the alien, which proves that the
and relatives) is a citizen of the European Union not listed in paragraph 1, if the
1. in the State of which he is a citizen of, or in the State in which he had allowed
stay, lived before entering the territory with the citizen of the European Union in the common
household,
2. is due to meet their essential needs depends on nutrition
or other care must be provided by a citizen of the European Union, or on the
This nutrition or other dependent care needs to be immediately before the entry to the
the territory of the State of which he is a citizen of, or in the State in which he had allowed
residence, or
3. about yourself from serious health reasons cannot take care of himself without
personal care, or European Union citizen
(b)) is a citizen of the European Union with a lasting relationship, that is not
marriage and living in a common household with him; When assessing the
the persistence of the partner relation is taken into account, in particular, the nature, strength and
the intensity of the relationship.
(3) the provisions of this law relating to the family of a citizen of the
The European Union shall apply to an alien who is a family member of a
a State citizen of the Czech Republic. ".
5. In section 20 (2). 5 (b)):
"(b)) to meet the requirements before the introduction of infectious
disease ".
6. In section 30 paragraph 3 reads:
"(3) the Visa referred to in paragraph 1 shall be granted with a validity period of not more than 1
year, the visa referred to in paragraph 2 with a duration of 6 months. ".
7. In section 31, at the end of paragraph 1, the period is replaced by a comma and the following
subparagraph (f)), which read:
"(f)), the consent of the parents or other legal representatives, or trustees,
with the stay of the child in the territory; the consent of the parents, legal guardian or
a guardian is not required if the parents, legal guardian or
guardian, which made the request for the child or with whom the child will be together
reside in the territory, and if the alien demonstrates that the consent of
the reasons for his willingness to submit independent. ".
8. In section 31, paragraph. 4 (b)):
"(b)) document attesting to compliance measures before the introduction of
of infectious diseases. ".
9. In section 33, paragraph. 5, the words "6 months" shall be replaced by "1 year".
10. In the heading of section 35 for the word "Extension", the words "the time
the validity of the visa and ".
11. In section 35, paragraph 1 reads:
"(1) the validity of the visa and stay in the territory, which is less than 1 year,
the Ministry at the request of foreigners be extended repeatedly, on condition that the
It takes the same purpose of stay, maximum period of 1 year. ".
12. In section 42, paragraph. 1 and section 43, paragraph. 1 the words "6 months" shall be replaced by the words
"1 year".
13. In section 42b, paragraph. 1 (c)):
"(c)), the consent of the parents or other legal representatives, or trustees,
with the stay of the child in the territory; the consent of the parents, legal guardian or
a guardian is not required if the parents, legal guardian or
guardian, which made the request for the child or with whom the child will be together
reside in the territory, and if the alien demonstrates that the consent of
the reasons for his willingness to submit to independent, or if the child no longer resides
the territory on the basis of long-term visa or a permit to the long-term
stay for another purpose, ".
14. In section 42b, paragraph. 1 at the end of the text of subparagraph (d)) and section 46 paragraph. 7 at the end of
the text of subparagraph (b)), the words "shall be added; on request, the alien shall be obliged to
submit also the Declaration of waiver of confidentiality of the financial
the Office, and that the full extent of the data, to verify the total monthly
family income; If the alien has submitted to request proof of income member
the family is obliged to, upon request, submit its statement of
waiver of confidentiality ".
15. In section 42 c of paragraph 1. 3 at the end of the text of subparagraph (c)) "shall be added; on
request the alien is obliged to submit also the Declaration of waiver
obligations of confidentiality of the financial authority, and that the full extent of the data,
for the purpose of verification of the total monthly income of the applicant and, together with him
examined persons; If the alien has submitted to request proof of income with
it jointly assessed persons must also submit on request
her declaration of waiver of confidentiality ".
16. In the second subparagraph of section 42d. 2 (b)):
"(b)) submit the consent of the parents or other legal representatives or
Hogsmeade Village, with residents of the child in the territory; the consent of the parents, legal
representative or guardian shall not be required, if the parents, legal
representative or guardian, who has lodged an application for the child or with whom the
the child reside together, and if the alien demonstrates that
consent cannot, for reasons independent of his will to submit, or if
already the child resides in the territory on the basis of long-term visa or permit
long stay for another purpose, ".
17. In section 42 g of paragraph 1. 6 at the end of the text of subparagraph (a), the words "or)
long-term residence permit ".
18. In section 42 g, the following paragraph 9 is added:
"(9) If an alien Submits an application for the grant of the consent referred to in paragraph 7 in the time
120 days prior to the expiry of the validity of the employee card exceeds
the employment of foreigners, the period of validity of the card, the employee shall be deemed to
request for application for extension of the employee cards and
the alien is obliged to demonstrate whether or not the elements referred to in § 44a of the paragraph. 9; It
does not apply if the alien to the Ministry in writing that it does not ask about
the extension of the employee cards. If an alien meets the conditions
for the approval and extension of the employee cards
the Ministry will extend the validity of the employee cards; the decision on the
consent in writing is not produced. "
19. In paragraph 44. 4 (b). (f)), after the words "Treaty" shall be replaced
"volunteer service or".
20. In paragraph 44. 4 the letter h) is added:
"h) up to 2 years in all other cases, if it is necessary to achieve the purpose
stay on the territory of more than one year. ".
21. In § 44a para 3:
"(3) an application for the extension of the long-term residence permit are
served in the Ministry. On the extension of the permit to the long-term
stay section, paragraph 35. 2 and 3, § 36 and § 46 paragraph. 3 and 7 shall apply by analogy. ".
22. In § 44a of the paragraph. 5 the first sentence, the words "medical reports that do not suffer from
a fatal disease "shall be replaced by the words" of the document attesting the compliance with
the requirements of the measures before the introduction of infectious diseases ".
23. In section 44a of the paragraph. 8 the first sentence, the words ' medical report, that do not suffer from
a fatal disease "shall be replaced by" document confirming compliance with the requirements
the measure before the introduction of infectious diseases ".
24. In paragraph 46. 1 the first sentence in the paragraph and section 46. 2 the second sentence, the words "§
paragraph 31. 1 "shall be replaced by" section 31, paragraph. 1 (a). and (e))) ".
25. In section 46 is at the end of paragraph 7 is replaced by a comma and dot is added
the letter g) is added:
"(g)) travel health insurance for the period of stay in the territory,
that matches the conditions specified in § 180j, and, on request, evidence of
payment of the premium referred to in the document about travel health
insurance; This does not apply with respect to the cases referred to in § 180j, paragraph. 4. ".
26. In section 46a is at the end of paragraph 1, the following sentence "the validity of the
long-term residence permit for the purpose of marriage family
also, if cancels the stranger was been convicted of committing a
of intentional offence. ".
27. In section 46a, paragraph. 2 (a)) shall be deleted.
The former subparagraph (b)) to l) shall become letters and) to).
28. In section 46a, paragraph. 2 (a). (g)), section 46d paragraph. 2 (a). (c)), section 50, paragraph. 5 sentence
Second, section 87d paragraph. 2 (a). (c)), § 87e paragraph. 1 (a). and, section, paragraph 87k). 1
(a). (e)), section 119 paragraph. 1 (a). (c)), paragraph 4, section 119 paragraph. 2 (a). (c)) and section 119
paragraph. 4, the first sentence, the words "major diseases" shall be replaced by the words "diseases
referred to in the requirements of the measures before the introduction of infectious diseases ".
29. Section 46a, paragraph. 2 (a). (j)), after the word "fixed", the words
"or permanent".
30. In paragraph § 46b. 2 (a). (d)), the words "§ 46 paragraph. 8 "shall be replaced by the words" §
46E paragraph. 1 (a). (b)), and (c)) ".
31. section 47, including footnotes, No 51:
"§ 47
(1) an application for the issue of long-term residence permit or for extension
the period of validity of the alien is obliged to submit no later than before the expiry of the
the validity of the visa to stay over 90 days or the validity of the permit
long-term, however, the first 120 days before the end of his
the validity of. Request for extension of the validity of the employee cards
the alien shall be obliged to submit as soon as possible and no later than 120 days before the expiry of 30
its validity.
(2) the request for the issue of a new long-term residence permit for another
the purpose of the alien is obliged to submit no later than before the expiry of the validity of the
long-term residence permit.
(3) Prevents the timely submission of the application referred to in paragraph 1 or 2, or
paragraph 6 (a). (b) the reasons for the will of foreigners), an independent, is an alien
authorized to submit the request within 5 working days after the demise of these reasons.
In justified cases, the foreigner may file the application even before the
referred to in paragraph 1. The reasons for the submission of applications referred to in later sentences
the first, and for earlier submission of the application referred to in the second sentence, the alien is required to
communicate to the Ministry not later than when submitting his application, and the challenge of these
the reasons for the show.
(4) if the period of validity of the visa to stay over 90 days or the authorisation to
long stay to expire before a decision on the request for authorization
to the long-term stay or extend the period of its validity, as
the request was made in accordance with the conditions laid down in paragraphs 1 to
3, the visa or long-term residence permit valid until
time of entry into force of the decision on request.
(5) the request for the issue of long-term residence permit according to § 42 paragraph. 4
the alien is obliged to submit at the time of validity of the permit to the long-term
the stay, issued by the Ministry of Foreign Affairs or at the time of transition
a stay pursuant to section 18 (a). and (b))) or as soon as possible however, 120 days ago
the expiry of its validity.
(6) the Visa, long-term residence permit or permission for temporary
the stay referred to in paragraph 5 or article 42 c of paragraph 1. 2 is considered valid
until the entry into force of the decision on the request, if the alien
and handed the territory) the request for the issue of long-term residence permit for
the purpose of cohabitation family, long-term residence permit
a resident of another Member State of the European Union for the long-term
stay for the purpose of scientific research, employee cards or blue
the card or for the issue of long-term residence permit according to § 42 paragraph. 4,
(b)) was to apply to the territories referred to in paragraph 5, section 42a, paragraph. 5, section 42 c
paragraph. 2, section 42f of paragraph 1. paragraph 2, section 42 g. 5 and § 42i paragraph. 3 (b). and) entitled to
and
(c) the period of validity of the visa to) stay over 90 days, for the long-term
residence or temporary residence permission referred to in paragraph 5, or
section 42 c of paragraph 1. 2 shall expire before a decision on the application for a licence to
long stay.
(7) if the request for the extension of the employee cards
paragraph 4 shall apply mutatis mutandis to the permission to work on the
position to which the employee card was issued. In the case of
the request for the release of employee cards according to § 42 g of paragraph 1. 6, the
paragraph 6 apply mutatis mutandis to the permission to work on the job,
already a foreigner performs and which calls for the release of employee
card. The first and the second sentence shall not apply with respect to the working position at which the
According to the Employment Act required a work permit. If
the Ministry of a request for extension of the validity of the employee card or the
the issue of employee cards according to § 42 g of paragraph 1. 6 shall be refused for the reason that
The Labour Office of the Czech Republic-regional branch or the branch to the main
City of Prague issued a binding opinion that further employment of foreigners
cannot be given to the situation on the labour market, to enable permissions to
employment from the day following the date of notification of this
the decision; suspensive effect of the appeal against this decision to the
permission for the performance of employment does not apply. Of notification of the decision referred to in
the fourth sentence of the Ministry without undue delay inform the employment office
Czech Republic-regional branch or the Branch Office for the city of Prague.
(8) the permission to stay under paragraph 4 or 6 of the Ministry shall certify
Visa label vyznačovaným to a travel document in accordance with the uniform
the format provided for directly applicable EU regulation ^ 51),
in the form of a visa for a stay over 90 days with a period of validity of the corresponding
the projected length of the proceedings on the application; This does not apply if the alien
included in the information system of the States parties, which shall be issued
the only confirmation of permission to stay under paragraph 4 or 6. The validity of the
of the document or certificate referred to in the first sentence shall cease on the date of entry into force
decision on the application. Paragraphs 4 and 6 shall not apply if the alien
application for the issue of long-term residence permit, on the issue of new
long-term residence permit for another purpose or an extension
the validity of the long-term residence permit at the time permission to stay
pursuant to paragraph 4 or 6 or under section 60, paragraph. 4 or 7.
(9) the time limit referred to in paragraphs 1 to 3 and 5 is maintained, if the
the last day of the period the request is submitted to the Ministry. Unless otherwise provided in this
law, that the alien is obliged to submit the application in person, the period referred to in
paragraphs 1 to 3 and 5 also maintained, if the last day of the period is made
mail addressed to the Ministry, which includes the application,
the holder of the postal licence or special postal licence or the person
which has a similar position in another State. If the end of the set
on the last day of the period of validity of the visa to stay over 90 days or permit
for a long-term stay, and if that date is a Saturday, Sunday or public holiday, it is
on the last day of the period closest to the previous working day. This
the paragraph on the application referred to in paragraph 6 shall apply mutatis mutandis.
51) Council Regulation (EC) No 1683/95 of 29 May 1995. in May 1995, which
lays down a uniform format for visas. "
32. In section 48 (a). (f)), the words "entry into force" shall be replaced by the word
"enforceability".
33. In section 50, paragraph. 1 (a). (b)), the word "prescription ^ 2) ^ 3 a)" is replaced by
the word "prescription ^ 3a)".
34. In § 50 paragraph 3 and 4 are added:
"(3) the amendment authorises foreigners to temporary residence in the territory after the
the period which is necessary for the implementation of the urgent actions, and to travel
from the territory; at the time of its validity is not a stranger for stay in the territory shall be entitled to
submit a request for the grant of a visa or permit to the long-term
or permanent resident, with the exception of applications made pursuant to section 33, paragraph. 1 and section
42E.
(4) unless otherwise provided, the duration of the stay of an alien in transition
an exit command must not be longer than 60 days, the duration of the stay shall be established and, in
Visa statement characterized police, Ministry of Foreign Affairs
or Ministry. ".
35. In § 50a paragraph. 3 (b). and), the words "voluntary repatriation" shall be replaced by
the words "voluntary return".
36. In § 50a paragraph. 3 (b). and point 1):
"1. the procedure for granting international protection stopped because
the stranger did not provide data to applications submitted for the award of the international
of protection ".
37. In § 50a paragraph. 3 (b). and in point 2 and) section 124b of paragraph 1. 1 (a). (b))
the words "visa" shall be replaced by "referred to in
Visa ".
38. In § 50a paragraph. 3 at the end of subparagraph (a)) the word "or" shall be deleted,
the end of the paragraph, the dot is replaced by the word "or" and the following
the letter c), which read:
"(c)), in which foreigners were found to be the reasons for the issuance of the decision on the
administrative expulsion, if an alien is not entitled to reside on its territory. ".
39. In § 50a paragraph. 3 (b). (b)), the words "European Community",
replaced by the words "European Union".
40. the footnote No. 37:
"37) European Parliament and Council Regulation (EU) no 604/13 of 26 February.
June 2013, which lays down the criteria and mechanisms for determining the Member
the State responsible for examining an application for international protection lodged
third-country national or stateless person in the
one of the Member States (recast) ".
41. In section 50a is added at the end of paragraph 4, the phrase "If the alien
during the period to leave the territory for the establishment of a new age to leave the territory of the
reasons under section 174a of the paragraph. 2, police will issue a new decision pursuant to § 101
of the administrative code, which provides for a period of time to leave the territory with a view
on the duration of the mentioned reasons. A new time for departure can be
determine the maximum 180 days. ".
42. the following shall be added to § 50a paragraph 5 and 6 are added:
"(5) If an alien without undue delay taken by another Member State
on the basis of an international treaty concluded with another Member State
The European Union prior to the day of the 13. January 2009 or if it returns with a stranger
immediately volunteered to the State in which the holder of a valid permission
to stay, can police from the issue of the obligation to leave the territory
the refrain.
(6) if in proceedings on administrative expulsion found that the result of
a decision on administrative expulsion would be a disproportionate intervention in private
or family life of a foreigner and if the foreigner on the territory,
shall be considered as administrative expulsion proceedings initiated for the control of obligations
to leave the territory. The police shall inform the alien of that fact without
undue delay. The time limit for the issuance of the decision on obligation to leave
territory runs from the date when the alien shall be informed of this fact. ".
43. In section 60, paragraph. 7, after the words "foreigners on the territory of", the words ",
the stranger made the request at the time of validity of the permission to stay and was referred to in §
69 to submit a request for extradition on the territory of permanent residence permit "
and at the end of the text of the paragraph, the words "shall be added; at this time it is not
an alien entitled to the territory of the extradition request for the long-term
stay or other request for the issue of permanent residence permit ".
44. In § 64 paragraph. 1 (a). (e)), the number "25" is replaced by "30 September",
the word "years" shall be inserted the words "or voluntary service" and the word
"the purpose of the", the words "or" Ministry.
45. In section 67, paragraph. 1 the first sentence, after the words "including"
the words "action or" and the words "If this" shall be inserted after
"action or" and in the second sentence, the words "stay for the procedure for granting
international protection, including the possible procedure for cassation complaints "
replaced by the words ", after which he was a stranger by the applicant on the grant of
international protection, or a stranger, which was strpěn to the territory in accordance with
the asylum Act ".
46. In section 67, paragraph. 2 of the introductory part of the provisions for the word "shall" be inserted
the words "in compliance with the conditions referred to in paragraph 1".
47. In section 68 paragraphs 2 and 3 are added:
"(2) The period of stay referred to in paragraph 1 shall be included
and the duration of stay on the territory) on a long-stay visa and permit
long stay, unless otherwise specified,
(b)) duration of stay in the position of azylanta or the beneficiaries of complementary
protection under the law on asylum,
(c) the period of prior residence) on the basis of a temporary residence permit
including the time after which the proceedings on the application, on the basis of which
It was a temporary residence permit is issued if the
1. at the request of foreigners referred to in section paragraph 87f. 5 authorization to
long stay after their temporary residence family
a citizen of the European Union, or
2. the alien has applied for the issue of permanent residence permit during the period to
travel set because of their temporary residence family
a citizen of the European Union referred to in section paragraph 87f. 5,
(d) one half)
1. duration of stay in the territory on a long-term visa and permit
long term residence issued for the purpose of study, or
2. the period during which the proceedings on the grant of international protection,
that led to the decision to grant asylum or subsidiary protection, and it
including the time claim or complaint; If the management of the
the granting of international protection are kept longer than 18 months, counted
This period in its entirety,
e) periods of absence of the alien in the territory during the period of stay under the
letters and) to (d)), if the individual period of absence does not exceed the
6 consecutive months and do not exceed in total 310 days;
If one of the alien in the territory of the absence period not longer than 12
consecutive months for important reasons, particularly if the
pregnancy and childbirth, serious illness, or study or
vocational training, continuity is preserved, while this period
in the period referred to in paragraph 1, shall not be counted
f) periods of absence the territory during the period of stay under the
letters and) to (d)), if the alien was their employer posted professionally
and if this individual periods of absence does not exceed 10
consecutive months and in his summary does not exceed 560 days.
(3) The period of stay in accordance with paragraph 1, shall
and the posting of an alien in the territory) to foreign employer or foreign
legal or natural person,
(b) stay of foreigners on the territory) for the purpose of employment dependent on the rotation of the
the annual period, or helped out with the housework for food, accommodation and
allowance intended to meet its basic social, cultural
or educational needs (the au pair),
c) imprisonment; the date of the onset of foreigners in prison
imprisonment interrupts the period of his continuous stay in the territory,
and until his release from the performance of this punishment. ".
48. In section 68, paragraph. 4 the second sentence, the words "18 months" shall be replaced by the words "560
days ".
49. In section 69, paragraph. 5, the word "or" is replaced by a comma and the word
"regulation of the ^ 2) ^ 3a)" shall be inserted the words "or to travel during the period
laid down because of their temporary residence of a family member
the citizen of the European Union referred to in section paragraph 87f. 5, in the case of an alien who
on the territory of residing continuously for 5 years ".
50. In section 69, the following paragraph 6 is added:
"(6) the application for a permanent residence permit may be made to the territory, if
the alien, to whom the authorisation is to be granted permanent residence, is staying in the
on the basis of permission to stay, according to § 47 odst. 4 or 6; It
does not apply if an application for a permanent residence permit pursuant to section 66 paragraph.
1 (a). (d)) and section 68. ".
51. In section 70 paragraph. 2 at the end of the text of subparagraph (d)) "shall be added; on
request the alien is obliged to submit also the Declaration of waiver
obligations of confidentiality of the financial authority, and that the full extent of the data,
for the purpose of verification of the total monthly income of the alien, and together with him
examined persons; If the alien has submitted to request proof of income with
it jointly assessed persons must also submit on request
her declaration of waiver of confidentiality ".
52. In section 70 paragraph. 2 letter g) and (h)):
"(g)) the consent of the parents or other legal representatives, or trustees,
residents of the child in the territory; the consent of the parents, the legal representative of the
or guardian is not required if the parents, legal guardian or
guardian, which made the request for the child or with whom the child will be together
reside in the territory, and if the alien demonstrates that the consent of
the reasons for his willingness to submit to independent, or if the child no longer resides
the territory on the basis of long-term visa or a permit to the long-term
stay,
(h) a document proving the required knowledge of) the Czech language issued by a person
carrying out a test of knowledge of the Czech language in the range specified by the
the implementing regulation issued pursuant to section 182a paragraph. 1 (a). and)
(hereinafter referred to as "the test of the language"), unless otherwise provided. ".
53. In section 70 paragraph 4 is added:
"(4) an alien applying for a permanent residence permit pursuant to section 66 is
shall, on request, submit to the Embassy or the Ministry of
document certifying compliance with the requirements of the measures prior to the introduction of
of infectious diseases. ".
54. In section 70 paragraph. 5 (c)):
"(c)) proves that he graduated from other generally accepted test of Czech
the language that is set for the purposes of this Act, implementing the legal
law as equivalent to the test of the language ".
55. In section 70 paragraph 6 is added:
"(6) the Ministry is in the case of reasonable doubt, that the alien has
the required knowledge of the Czech language in the range specified by the implementing
by law, shall be entitled to refuse a document proving the required
knowledge of the Czech language or proof of passing the other generally recognised
tests of the Czech language; If a reasonable doubt when the Act, on the
which did not list the Protocol, takes on the essential circumstances of the
indicating the existence of reasonable doubt, the Ministry of the record to the
the file. On the recognition of a document providing evidence of the knowledge of the Czech
the language of the Ministry shall issue a resolution, which also control breaks and the aliens
Specifies the time limit for execution or execution of the tests of language and to the
the submission of a new document providing evidence of the knowledge of the Czech
the language. The test referred to in the first sentence of the language takes place with the person authorized to
carry out the test of the language specified by the Ministry of education, youth and
sports; This person cannot be determined, the person who issued the
unrecognized document by the Ministry. About that persons designated
The Ministry of education, youth and sports has a stranger test
language, inform the Ministry of foreigners. ".
56. section 74 as follows:
"§ 74
(1) an alien who has made an application for the issue of permanent residence permit on
the Embassy and he was granted a visa under section 30, paragraph. 4, is
shall, within 3 working days from the date of entry into the territory of personally
come to the Ministry
and to take a decision on the) issue of the residence permit and
(b)) to the processing of the data required for the issue of a certificate of authorization to
stay, including the acquisition of biometric data of the alien and his
signature, which is designed to further digital processing; the signature of the
the Pact, if the aliens in its execution prevents hard to beat
obstacle.
(2) an alien who has made an application for the issue of permanent residence permit on
the territory of the Ministry and meets the conditions for the issue of permits for permanent
stay, is obliged to personally attend to the challenge to the Ministry of
and to take a decision on the) issue of the residence permit and
(b)) to the processing of the data required for the issue of a certificate of authorization to
stay, including the acquisition of biometric data of the alien and his
signature, which is designed to further digital processing; the signature of the
the Pact, if the aliens in its execution prevents hard to beat
obstacle.
(3) an alien is obliged, within the time limit laid down by the Ministry not later than
However, within 60 days from the date of acquisition of biometric data, come on
the Ministry for the takeover of the residence permit card.
(4) If a decision on the issue of the residence permit, alien
assumed under paragraph 1 or 2, nenabylo legal power of other law
for the reasons set out, the final date of the licence at the latest
about residence permit. ".
57. In paragraph 75. 2 (a). (d)), the words "suffer from serious diseases" shall be replaced by
the words "does not meet the requirements of the measure before the introduction of infectious
the disease ".
58. In section 77, paragraph. 1 at the end of subparagraph (f)), the word "or" shall be deleted,
the end of the paragraph, the dot is replaced by the word "or" and the following
letter h) is added:
"(h)) was a stranger been sentenced by a court in the Czech Republic for committing
intentional crime to punishment of imprisonment nepodmíněnému in length
more than 3 years or has been repeatedly been convicted of alien
the Court of the Czech Republic for committing an intentional crime
nepodmíněnému imprisonment. ".
59. In section 77, paragraph. 2 (a). (f)), for the word "freedom", the words "in the
length of up to 3 years including ".
60. In Section 87a, paragraph. 3 and § 87b paragraph. 2 the word "document" shall be replaced by
the words "proof" and the words ", and in the case of foreigners, according to § 15a paragraph. 1
(a). (d)), also a document certifying that the person is nezaopatřenou "
shall be deleted.
61. In paragraph 87d. 1 (a). and) and in section 87d paragraph. 2 (a). and the words "() §
paragraph 106. 3), with the exception of the persons covered by the directly applicable
legal regulation of the European communities ^ 13b) "are deleted.
Footnote No. 13b is repealed, and including references to note
under the line.
62. In § 87e paragraph. 1 at the end of subparagraph (b)), the word "or" shall be deleted,
the end of paragraph 1, the period shall be replaced by "or", and the following
letter e), which reads as follows:
"e) is not a family member of a citizen of the European Union referred to in § 15a
or together with him in the territory of resident. ".
63. section 87f including title:
"§ 87f
The reasons for the termination of the temporary residence of a family member of a citizen
Of the European Union
(1) the Ministry of the family member of a citizen of the European stops
Union ^ 1b), which itself is not a citizen of the European Union, a temporary stay on
the territory, if that family member of citizen of the European Union.
Temporary stay of family member of citizen of the European Union, which itself
is not a citizen of the European Union, the Ministry further terminates if stopped
meet the conditions listed in section 15a or stopped on the territory of stay
together with a citizen of the European Union, in particular, if a citizen of the European Union
ended his stay on the territory of, or was a temporary stay on the territory of the
cancelled, provided that this decision will be reasonable in terms of its
intervention into the private or family life of a family member of a citizen
Of the European Union.
(2) a temporary stay in the territory, however, the family member of a citizen
The European Union, for the reasons referred to in paragraph 1, the sentence of the other exits
If
and stopped on the territory) to stay together with a citizen of the European Union, in particular
If a citizen of the European Union, ended his stay on the territory of, or has been
temporary stay in the territory and a family member of citizen of the European
the Union actually takes care of the child, for a period of a child's education of the citizen
The European Union in the Basic, secondary and higher vocational school or
the Conservatory or the study of the child at the high school,
(b) a citizen of the European Union) at the time of temporary residence on the territory and died
a family member of citizen of European Union in the territory remained for a period of
at least 1 year before the death of the citizen of the European Union,
(c)) of the European Union a marriage with a citizen died on the basis of a final
the Court's decision on the dissolution of the marriage or the marriage
invalid and
1. a citizen of the European Union residence, decision
the competent authority or by agreement ^ 10 c) entrusted to the care of a child of the spouses
the citizen of the European Union, or he was granted the right to regular personal
contact with the child of the citizen of the European Union only in the territory,
2. before the start of divorce proceedings or proceedings for a declaration of marriage
void this marriage lasted at least three years and at the time of the duration of the
the marriage was a family member of a citizen of the European Union on the territory of the allowed
stay at least one year, or
3. is it justified by particularly difficult circumstances, in particular if the
a family member of citizen of the European Union for the duration of the marriage, became a victim of
domestic violence,
(d)) to their partner relationship of a family member of a citizen
The European Union, a citizen of the European Union referred to in § 15a paragraph. 2 (a).
(b)) and
1. a citizen of the European Union residence, decision
the competent authority or by agreement of the parents entrusted to the care of the child citizen
The European Union, or he was granted the right to regular personal contact with
child of the citizen of the European Union only on the territory of, or
2. it is justified especially difficult circumstances, in particular if the
a family member of citizen of the European Union became a partner for the duration of the
relationship of victims of domestic violence, or
e) family member of citizen of the European Union other than those mentioned in point (c)), or
(d)) was the victim of domestic violence and for this reason he stopped on the territory of the
stay together with a citizen of the European Union.
(3) the Ministry further closes family member of citizen of the European
temporary stay in the territory of the Union, if the
and) threatens public health by suffering from the diseases referred to in the requirements
the measure before the introduction of infectious diseases, if such
the disease occurred within 3 months after the entry into the territory,
(b)) became the neodůvodnitelnou loads of benefits for persons with
disabilities or the system of assistance in material need of the Czech
of the Republic,
c) has been guilty of circumvention of this law in order to obtain authorisation to
temporary residence on the territory, in particular if the assigned married
or his assigned through the consent was addressed to fatherhood,
d) endangers the safety of the State or seriously disrupts the public
order, if the proceedings on administrative expulsion, or
(e)) is included in the information system of the Contracting States and the
the authority which the applicant has included in this system, will provide additional
information, after which the evaluation can be considered, that it takes reasonable
the danger that he could during his stay on the territory of another Contracting State
compromise its security or seriously disrupt public order,
provided that this decision will be reasonable in terms of its intervention
to the private or family life of a family member of a citizen
Of the European Union.
(4) the Ministry of the decision on termination of temporary residence family
a citizen of the European Union lays down the time limit for departure from the territory, and
grant family member of citizen of European Union external command;
a family member of citizen of the European Union is obliged within a specified period of
the territory of leave.
(5) If the Ministry of the family member of a citizen of the European stops
temporary stay in the territory of the Union of the reasons mentioned in paragraph 1, the
time to travel, always 60 days from the date of the entry into force of the decision on
their temporary stay in the territory; the alien is within this period shall be entitled to
submit a request to the Ministry of the territory on the issue of a permit to the long-term
or, in the case of an alien who is staying in the territory continuously for 5 years,
on the issue of permanent residence permit pursuant to section 68. If an alien lodges in
the time limit referred to in the first sentence the application for the issue of long-term residence permit,
is entitled to reside in the territory of the legal force of the decision on its
the request; During this time, his stay in the territory continues to stay
on the basis of a temporary residence permit.
(6) on the termination of the validity of the temporary residence permit of a family
a citizen of the European Union, section 76 (a). and), b) and (d))
Similarly,. ".
64. In section 87g, the following paragraph 9 is added:
"(9) Dodoby the stay referred to in paragraph 1 (b). and (b))) or (c))
not the time of imprisonment; the date of the onset of the alien in the
imprisonment interrupts the continuous time
the stay in the territory, up to the time of his release from the performance of this
punishment. ".
65. In section 87 h at the end of paragraph 3 the following sentence "To stay
paragraph 1 (b). and (b))) or not the length of the prison sentence
freedom; the date of the onset of foreigners to imprisonment,
interrupts and its period of continuous residence in the territory, and until the
his release from the performance of this punishment. ".
66. In paragraph 87l. 1 at the end of subparagraph (c)), the word "or" shall be deleted,
the end of paragraph (d)), the comma shall be replaced by "or", and the following
letter e), which reads as follows:
"e) has been convicted by a Court of the Czech Republic final for committing
intentional crime to nepodmíněnému, "sentence of imprisonment.
67. In section 87l, the following paragraph 3 is added:
"(3) the Ministry of the decision on the revocation of permits
the stay referred to in paragraph 1 (b). and (c))) a family member of citizen
The European Union, which itself is not a citizen of the European Union, at the same time lays down the
the deadline for the departure from the territory and grant him an exit command. Similarly,
the Ministry proceeds in cases when the validity of the Permanent
the stay has been cancelled in accordance with paragraph 2. A family member of a citizen
The European Union is obliged, within the prescribed period the territory of leave. ".
68. In section 87p paragraph. 1, after the words "with the citizen of the European Union" shall be inserted after
the words ", or is a family member of a citizen of the European Union
referred to in section paragraph 87f. 2. "
69. In section 87p is added at the end of paragraph 2, the phrase "unless the Ministry of
extend the residence card of a family member of a citizen of the European Union,
is the date of the entry into force of the decision of non-renewal of the period of validity
residence card of a family member of a citizen of the European Union, temporary
stay of family member of citizen of the European Union; the Ministry of
This fact shall be entered in the reasons for the decision; the provisions of § 87f paragraph. 4
and (5) shall apply mutatis mutandis. If the Ministry finds in the proceedings on the application for
extension of the period of validity of the residence card of a family member of a citizen
The European Union, the reason for non-renewal period of validity of the residence card,
instruct the applicant no later than the call for comments on the background to the issue of
a decision on the facts and on the consequences of the non-residential
the card referred to in the second sentence. ".
70. At the end of the sentence shall be added to § 87y "Permission to reside in the territory of the
the acquisition of legal power of decision on the application shall certify the Visa Department
the label vyznačovaným to a travel document according to a uniform format
provided for directly applicable EU regulation ^ 51), and in
the form of a visa for a stay over 90 days with a period of validity of the corresponding
the projected length of the proceedings on the application; This does not apply if the alien
included in the information system of the States parties, which shall be issued
the only confirmation of the permission to stay. The validity of the document or certificate
certifying the permission to reside in the territory of lapses the acquisition of legal power
decision on the application. ".
71. In section 97, the words "the day, month, year and place of" shall be replaced by the word "date"
and the words "and state the registration mark of the motor vehicle to which the
territory to attend "shall be deleted.
72. section 101 and 102, including the following titles:
"§ 101
The House book
(1) the House book is a document in which the landlord writes data in the
the range of the logon form and the beginning and end of the accommodation. For
Search the book for the purposes of this Act, shall file documentary
documents signed by a foreigner under section 103 (a). (b)) containing the information
to the extent referred to in the first sentence.
(2) For the purposes of the control referred to in section 100 (b). (f) the landlord) is obliged to
submit the search book in paper form.
(3) the entries in the front of the book must be made at the current time,
regular, clear and comprehensible. These minutes must be arranged
gradually, in terms of time; This applies mutatis mutandis to the arrangement
the documentary documents representing the House book.
(4) House landlord book stores for a period of 6 years from the implementation of
the last entry. The documentary documents the replacement House book is
the landlord shall be stored for a period of 6 years from the termination of the accommodation
foreigners.
§ 102
Notification of accommodation
(1) the accommodation provider is obligated to notify the accommodation of the alien within 3 working days
After his accommodation; the notification shall give the Police Department.
(2) the obligation to notify the accommodation can be met
and the presentation of the completed login form),
(b) by the production of a copy of the paper) document signed by a stranger
under section 103 (a). (b)); the obligation of foreigners to sign a paper document
containing the data in the range of the logon form at the signing of the
a copy, which will be submitted to the police, apply mutatis mutandis,
(c)), through remote access by filling out the electronic
the form with the use of Internet applications in the range of the data held in the
the login form; the completed electronic form must be
signed by a recognised electronic signature of the proprietor or the persons
authorized to sign for the proprietor, or
(d)) through the data boxes in the range of the data held in the
the logon form.
(3) if the proprietor who has accommodation as the object of business
activities, announces the accommodation by means of remote access
referred to in paragraph 2 (a). (c)), where such access is set up and working.
(4) If an alien for landlords to fill out and sign the logon
the form and the landlord does not notify the accommodation of the alien in the manner specified in the
paragraph 2 (a). and shall keep the landlord login) form for 6
years from the accommodation of the alien. ".
Footnote 15 is deleted.
73. In section 103 (a). (b)), the words "(section 97)" shall be replaced by the words "or sign
a paper document containing the data in the range of the logon form "
and after the words "the signing of the logon form" shall be inserted the words "or
a paper document containing the data in the range of the logon
the form ".
74. In section 103 (a). (d) the words ", where appropriate) in the manner specified in § 177
paragraph. 3.0 ' shall be deleted.
75. At the end of section 103, the dot is replaced by a comma and the following letter u),
added:
"to ensure the fulfilment of obligations) under this Act relating to the
a person under the age of 15 years, foreigners, which is the legal representative, which
He was entrusted to the care of or over which he has been during his stay on the territory of the
entrusted with supervision, and further to ensure that an alien under 15 years of age, which is
legal representative that he was entrusted to the care of or over which he has been
During his stay on the territory of the entrusted supervision, resided in the territory of the
rightly. ".
76. In section 107 shall be added to paragraph 11, which read:
"(11) the legal representative of foreigners under the age of 15 years, or a person that
He was an alien under 15 years entrusted to the care of, or that was above a stranger
under 15 years during his stay on the territory of the entrusted supervision is obliged to
to ensure fulfilment of the obligations under this Act relating to the person
foreigners under the age of 15 years and to ensure that an alien under 15 years of age
resided on territory rightfully. ".
77. In section 113 at the end of paragraph 5, the following sentence "the alien's passport on
losing force on the entry into force of the decision on the withdrawal of the supplementary
protection or the decision of the Court on an action against a decision on withdrawal
additional protection or a cassation complaint against the decision of the regional
Court action against the decision on the withdrawal of the additional protection, or the date of
the demise of the additional protection under special legislation ^ 2). ".
78. In § 113 paragraph. 7 at the end of the introductory part of the provisions of the following
"at the request of foreigners".
79. In § 113 paragraph. 7 (b). and), b) and (d)), the words "at the request of foreigners,"
shall be deleted.
80. In § 113 paragraph. 7 (b). (c)), the words "alien požívajícímu" shall be replaced by
the words "požívajícího".
81. In § 113 paragraph. 7 (b). (d)), the words "and prove that it's not from the
for reasons independent of their will supply "shall be deleted.
82. In paragraph 114. 1 (a). and the word "), the way", the words ";
in order to determine the identity of the foreigner is obliged to hardened alien
provide all necessary cooperation to the police, and is required to obtain
the documents, which may be his identity proven ".
83. In paragraph 114. 5 at the end of the text of subparagraph (a)), the words "
a temporary stay of the family member or the citizen of the European Union ".
84. In paragraph 114. 6 (a). (d)), after the word "provide" is the word
"temporary" and the words "special legal regulation ^ 2) ^ 3a)" shall be replaced by
the words "the law on the temporary protection of foreigners".
85. In § 117 paragraph 3 and 4 are added:
"(3) in the performance of duties under this Act is referred to in
paragraph 1 shall be entitled to hold a travel document, also the Ministry.
(4) the police shall issue to the holder of a travel document under section 108, paragraph. 1 (a).
d), (e)), or (f) a certificate of detention) of the travel document and the detainee
travel document without undue delay shall transmit to the
and the police) of the place of residence of the holder in the territory,
(b)) to the Ministry, if the alien's passport or travel identity card
issued by the Ministry, stating the reasons for his detention. "
86. In section 117, the following paragraphs 5 to 7 shall be added:
"(5) the Ministry shall issue to the holder of a travel document under section 108, paragraph. 1
(a). d), (e)), or (f) a certificate of detention) of the travel document and is not
about the alien's passport or travel identity card issued by the Ministry,
passes the detainee's travel document without undue delay, the Police Department
the competent according to the place of residence on the territory of the holder, indicating the reasons
his detention.
(6) the Police Department or the Ministry shall decide on the withdrawal of the detainee
travel document or to return it within 15 days from the receipt of the detainee
the document referred to in paragraph 4 or 5. In the case of detention of a travel document
referred to in paragraph 1 (b). (b)) document after 60 days from the date of transmission of the ruin
If this document is not a means of evidence in criminal proceedings.
(7) the police or the Ministry shall issue to the holder of a travel document under section
paragraph 108. 1 (a). and (b))), (c)), g) or (h) a certificate of detention)
the travel document and the detainee's travel document without undue delay
shall transmit to the Ministry of Foreign Affairs, if it's not counterfeit document,
an amended or a document that is evidence in a criminal
control. ".
87. In paragraph 2 of section 117d reads:
"(2) the request for an extension of the period of validity of the licence for the authorization permanent
stay of the alien is obliged to submit no later than before the expiry of the validity of the
the card, however, the first 90 days before the expiry of its validity; in
justified cases may submit the application before. The grounds of the former
submission of the application is required to communicate to the Ministry, the latest foreigner to
submission of the application. ".
88. In section 118 is added at the end of paragraph 3, the phrase "If the alien
during the period to exit from the territory of the determination of the new times to exit from the
the territory of the grounds under section 174a paragraph. 2, police will issue a new decision in accordance with
section 101 of the administrative code, which provides for a new time to exit from the
the territory with regard to the duration of the mentioned reasons. A new time to
departure from the territory can be set for up to 180 days. ".
89. In § 118 paragraph. 5 the first sentence, the words "or stay on the visa"
replaced by the words "to remain in the territory of, or acquiescence" in the second sentence, the
the words "foreigners be granted an exit command" shall be replaced by the words "the procedure referred to in
§ 50a paragraph. 6 "and in the third sentence, the words" visa "shall be replaced by
the words "decision on the obligation to leave the territory".
90. In section 119 paragraph. 2 (a). (b)), after the words "10 years", the words "; to
This time, not the time of imprisonment ".
91. In paragraph 120a. 4, after the words "the expulsion and" Word
"the Ministry".
92. In section 123a paragraph. 1 introductory part of the provision, the words ", if it is in
the public interest, "shall be deleted.
93. In section 123b paragraph. 1 (a). and the words "regularly) personally to report
Police in the time limit set by the police, or "shall be replaced by the words" within the
time at the place of stay for the purpose of performing residential stay
the checks ".
94. Article 123b shall at the end of paragraph 1, the period shall be replaced by "or", and
the following point (c)), which read:
"(c)) the obligation to report to the police in person the alien at the time of the police
established. ".
95. In article 123b shall at the end of paragraph 4, the words "or of the stranger,
which is obvious, that intends to illegally enter the territory of another
of a Contracting State ".
96. In section 123b paragraph. 5 at the end of the text of the first sentence, the words "or
the decision on the obligation to leave the territory ".
97. In section 124, paragraph. 1 at the end of the text of the letter b), the words ",
in particular, the fact that in the procedure stated false information about your identity, place of
stay refused these data indicate the intention of the territory stay within or expressed
or, if there is such intention apparent from his actions. "
98. In section 124, paragraph 3, the following paragraph 4 is added:
"(4) the police will issue a new decision on the collateral, is yet to
the Ministry according to the asylum Act, in the case of foreigners, secured by
This law, which applied for the grant of international protection, and there are
reasonable grounds to believe that, although could ask for the granting of international
protection before, made the request to grant international protection with the aim of
to avoid the threat of expulsion, extradition or surrender to the criminal prosecution
abroad, or delay. The new decision to ensure the police issue
within 3 days from the time when the Ministry decide. ".
Paragraphs 4 to 6 shall be renumbered as paragraphs 5 to 7.
99. In paragraph 124. 6 at the end of the text of the first sentence in the paragraph and section 129. 4 on
the end of the text in the first sentence, the words ", and if it is in his interest in
accordance with the Convention on the rights of the child ".
100. In the section 124a, the word "police" shall be replaced by the words "If you cannot effectively
to apply special measures for the purpose of travel, the police "and the words
"he made a statement about the international protection or" shall be deleted.
101. In section 124b of paragraph 1. 1 the introductory part, the words ' the provisions of the Police shall ensure that the
for the period strictly necessary ' shall be replaced by the words "If you cannot effectively exercise
Special measures for the purpose of travel, the police can ensure the on time
necessary illegally "and the words" which has not used
the option of voluntary repatriation under a special legal regulation ^ 2) "
shall be deleted.
102. In section 124b of paragraph 1. 1, letter a) is added:
") was the procedure for granting international protection stopped because
the stranger did not provide data to applications submitted for the award of the international
of protection ".
103. In article 125, paragraph. 2 the provisions of the introductory part, the words ' pursuant to section 124 "
the words "124b".
104. In paragraph 125. 2 (a). and the word) "expulsion", the words
"or exit".
105. In section 125, the following paragraphs 5 and 6 shall be added:
"(5) if it is decided to provide the foreigners after it was terminated
collateral pursuant to section 46a of the law on asylum, to the last time the guarantee referred to in section
46A asylum Act shall be disregarded.
(6) If, in the course of providing new facts justifying the
provide for another reason, the police will issue a new decision.
The release of the new decision to ensure the validity of the decision so far
collateral shall cease; the time is calculated from the time limitation of personal
freedom. ".
106. In paragraph 127. 1 at the end of the text of the letter b) and (c))
the words "; the obligation to release the alien arises publication being exercised by
the judgment ".
107. In paragraph 127. 1 (a). (f)), the words "the obligations of the foreigners remain in the
reception center or in the equipment for the Czech Republic to the
travel under special legislation ^ 48) "shall be replaced by the words
"to ensure the applicant for the granting of international protection pursuant to section 46a of the law on
asylum ".
Footnote No 48 is deleted.
108. In paragraph 127. 2, the words "a declaration of the intention to request the
international protection "shall be replaced by the words" the submission of the application for the grant of
international protection ".
109. In paragraph 129. 1 the words "ensure that Police" are replaced by the words
"If you cannot effectively apply the special measures for the purpose of travel,
the police shall ensure that the "and the words" European Community "^ 37)" shall be replaced by
the words "European Union ^ 37)".
110. Article 129 paragraph 3, the following paragraph 4 is added:
"(4) the police decides to provide the foreigners with a view to its delivery to the
State bound directly applicable EU regulation ^ 37) only
If there is a serious risk of flight. For the serious danger of escape,
in particular, if a foreigner has resided on the territory illegally, avoiding
previously transferred to the State of the bound directly applicable law
The European Union ^ 37), or tried to escape, or expressed the intention to
disregard the final decision on the relocation of the State bound
directly applicable EU regulation ^ 20) or if such
the apparent intent of his actions. For the serious danger of escaping further considered
If an alien, that will be passed to the State of the bound directly applicable
the EU regulation ^ 37) directly to nesousedícího with the Czech Republic,
cannot legally travel in this State individually and cannot include the
the address of the place of stay in the territory. ".
Paragraphs 4 to 6 shall be renumbered as paragraphs 5 to 7.
111. In section 134, the following paragraph 5 is added:
"(5) the operator shall ensure that, with the consent of the alien secured pursuant to this
the law of his preparation for the exit from the territory. ".
112. In section 141 at the end of the text of paragraph 1, the words "or legal
status of foreigners ".
113. In section 141 paragraph. 2 (a). (b)), the words "; an exception may be made in the case of
people nearby ^ 14) "shall be replaced by the words", with the exception of persons nearby ^ 14)
If you agree ".
114. In § 146 paragraph 1 reads:
"(1) the operator shall be entitled to use the hidden cash
secured foreigners are in Czech or any other freely convertible currency, to
payment, even partial, of the expenses associated with his administrative expulsion.
When you use the bits of cash proceeds, the operator
so that foreigners in its release of the device was from his
cover of funds released at least 400 CZK; If the alien
keep your cash in a lower amount, shall issue to him a whole juice
the amount and the operator will provide funds in foreigners such
the amount of that sum in cash and issued lodged
operator provided cash match the amount of 400
CZK. If an alien does not keep any funds, provide it
the operator on the release of the $ 400 device. ".
115. In section 146, the following paragraph 3 is added:
"(3) the provisions of paragraph 1 shall not apply if the alien immediately after release
from the device passed to the refugee or is brought by the police to
the border crossing in order to exit from the territory. ".
116. In section 147, the following paragraph 3 is added:
"(3) if there are reasonable grounds for concern that the alien will thwart or hinder
departure from the territory, is obliged to inform the police of secured foreigners
about the date, time and reason for its release from the device, and no later than 24
hours in advance; If at that time the police time and date of release unknown
informs foreigners without undue delay after what is know. ".
117. In section 149, the existing text shall become paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) the representative of an international or non-governmental organisations dealing with
the protection of the rights of persons confined to freedom is based on the written request of the
submitted to the operator at least 3 working days in advance, shall be entitled to make
monitoring whether the device is used for securing foreigners in accordance with the
This law; in doing so, he is obliged to observe the instructions of the operator.
The operator is entitled to prevent the monitoring referred to in the first sentence because of
the threat to the proper functioning and safety of the device. ".
118. section 151, including the title:
"§ 151
The contribution of the municipality
(1) the Ministry of the village provides a contribution to cover the costs of the municipality
incurred in connection with the device on its territory. The amount of the
the contribution of the municipality shall be decided by the Government.
(2) the Ministry shall provide a one-time grant for the development of the village, on the
the device is located. The amount of the subsidy shall be decided by the Government. ".
119. In paragraph 156. 1 at the end of the text of the letter e), the words "or
§ 87o paragraph. 3. "
120. In paragraph 156. 1 (a). (h)), the words "or n)" shall be replaced by the words "n)
or u) ".
121. In paragraph 156. 1 (a). r) with the number "2" is replaced by "3".
122. In paragraph 156. 3 at the end of subparagraph (b)), the word "or" shall be deleted,
the end of the paragraph, the dot is replaced by the word "or" and the following
the letter d), which read:
"(d)) as the legal representative of foreigners under the age of 15 years or a person that was
an alien under 15 years of age entrusted to the care of, or that was above a stranger
under 15 years during his stay on the territory of the entrusted supervision fails
the obligation under section 107, paragraph. 11. ".
123. In section 158, paragraph. 1 introductory part of the provision, the words "and its
Dactyloscopic fingerprints "are replaced by the words" his fingerprint fingerprints
and data on its physical characteristics ".
124. In section 158, paragraph. 1 (a). (b)) at the end of the text of point 2, the words "
inviting a person within the scope of the form of the invitation, the name, surname, day, month
and the year of birth and nationality of the alien known as the facts,
which were the reason for the refusal of an invitation and a violation of the validation commitment
adopted at the invitation of, and information about the authority, which acted in the matter ".
125. In section 158, paragraph. 1 (a). (b) point 12) the comma after the word "provisions"
replaced by the words "and its body and" and at the end of the text, the following
the words "; in the same range leads the police data on administrative tort
the physical, natural or legal persons established in accordance with this Act ".
126. In section 158, paragraph. 1 (a). (b) point 13), the following new item 14, which
added:
"14. the type and number of the document that has the authority of the issuing State
declared invalid, including reason, invalidity ".
Points 14 and 15 shall be renumbered as paragraphs 15 and 16.
127. In section 158, paragraph. 1 (a). (d)), e), (f)) and in section 158, paragraph. 2 and 9, the words
"under the special law ^ 2)" are deleted.
128. In section 158, paragraph. 2, after the words "the aliens,", the words "who
They asked the Czech Republic to grant international protection or temporary
protection or "and at the end of the text of the paragraph with the words" and the police ".
129. In section 158, paragraph. 2, 10, 12, 13 and 15 with the number "9" is replaced by
"8".
130. In section 158, paragraph 4 shall be deleted.
Paragraphs 5 to 18 are renumbered as paragraphs 4 to 17.
131. In section 158, paragraph. 5, the words "paragraphs 4 and 5 shall be replaced by
"paragraph 4".
132. In section 158, paragraph. 7, the words "and paragraph 4 (b). (c)) "shall be deleted, the words
"1, 4 and 5" are replaced by the words "1 and 4" and at the end of text in a paragraph, the
the words "shall be added; for the data entered in the information system of aliens
the Ministry referred to in paragraph 1 corresponds to the Ministry ".
133. In section 158, paragraph. 8 the letter l) repealed.
Letters m) up to y) are known as the letter l) to x).
134. In section 158, paragraph. 11, the words "with granted international protection"
replaced by the words "who have asked the Czech Republic to grant
international protection or which have been granted international protection ".
135. In section 158, paragraph. 13 of the first and second sentences of the number "13" is replaced by
"12".
136. In section 158, paragraph. 17, the words "9 and 17" is replaced by "8 and 16".
137. In section 159, paragraph. 4 at the end of the text of the first sentence, the words "shall be added;
Furthermore, it is entitled to pass data from information systems in accordance with the law on the
The police of the Czech Republic, which has received in connection with the fulfilment of the tasks
under this law, the competent authority of the State, which has to be passed to the
a foreigner illegally staying in the territory, and to the extent necessary for the
the purpose of its transfer under international treaties ".
138. section 160 reads as follows:
"§ 160
(1) the data in the information systems under section 158 and 158a may be
held in paper or electronic form or manner
combining the listed forms and in the same form and transmitted, with the exception of
biometric data, which are always processed in electronic
the form. Data held in information system of aliens under section 158, paragraph. 1
led by the aliens with permanent residence on the territory of enabled, enabled
temporary stay in the territory for a period exceeding 90 days, citizens
The European Union, who intend to reside in the territory temporarily for longer
than 3 months, and on aliens who have been granted international protection
or temporary protection, in the range specified in section 158, paragraph. 8
be kept in electronic form.
(2) the Recorded data shall be kept for a period of
and) 10 years from the time of their stay of foreigners on the territory, with respect to the transitional
or permanent residence, or from the date of the acquisition of the citizenship of the Czech
of the Republic, with the exception of the login form, which is kept for 6 years
from the date of the alien's accommodation,
(b)) 10 years from the expiry of the period during which the alien was included in the register
undesirable persons,
(c)) for 10 years from the time of registration of the fact if the information related
the loss or theft of travel documents referred to in section 108 and of the
travel documents referred to in section 108, paragraph. 1 (a). and (b))), c), (g))
or (h)), the authorities of the issuing State which were declared invalid,
d) 3 years following the year during which it was to the creation of the fact
subject to registration in the case of data stored on the proxy
Office, except in the case of applications for short-stay visas, when
Embassy was not decided on the short-stay visa,
his declaration of nullity or cancellation of its period of validity, or
(e)) five years from the occurrence of the facts subject to registration in the other
cases.
(3) if the registration information to foreigners information associated within the meaning of section
paragraph 158. 6, complete information retention period is the same as the longest
the time fixed for one of the parts of the information.
(4) retain the information registered in information systems by
section 158, paragraph. 4 shall not exceed the period of 20 years.
(5) if the period provided for in paragraphs 2 to 4, the indication shall be disposed of,
If it is kept in electronic form, in other cases, proceed
According to the law on Archives and archival service.
(6) the biometric information held by the Ministry of foreign nationals applying for
the release of the alien passport shall be kept for a period of 60 days from the date of delivery of the
produced the aliens passport to the Ministry. Biometric data held in
information system of aliens that were taken in the context of the
issuance of certificate of residence permits, destroyed 60 days after the end of
or revocation of the licence of residence permit, in the context of the
the release of these data have been acquired.
(7) the documents issued pursuant to this Act are destroyed 2 years after the date of
the expiry of the document. ".
Footnote 24 is repealed, and including references to the note under
line.
139. In paragraph 163. 1 (a). n), the words "and of the cancellation of the visa"
replaced by the words "termination of the short-stay visa and
Declaration of nullity "short-stay visa.
140. In paragraph 163. 1 (a). r) and section 167, paragraph. 1 (a). m), the words "§ 86,
87z or 87aa "shall be replaced by the words" § 87z, 87aa or 117f ".
141. In paragraph 163. 1 (a). with), after the words "Decides", the words "in the
the extent of their jurisdiction ".
142. In paragraph 163. 2 (a). (f)) and article 164, paragraph. 1 (a). x) after the words
"escort foreigners", the words "including secured grant applicants
international protection ", the words" guarding foreigners ' words
"including the applicants for the grant of international protection" and after the words "to the
the providers of health services, "shall be inserted after the words" in the case of
foreigners ".
143. In paragraph 164. 2 (a). (c)), the words "or of the cancellation of the visa"
replaced by the words "termination of the short-stay visa and
Declaration of nullity "short-stay visa.
144. Article 165a is at the end of paragraph 1 is replaced by a comma and the following dot
(g)), which read:
"(g)) hold a travel document under section 117 or document whose validity
expired under section 87z, 87aa or 117f; on the detention of aliens shall issue a document
confirmation. ".
145. In section 169, paragraph. 1 (a). (h)), the words "paragraph 15" shall be replaced by the words
"paragraph 17".
146. In section 169, paragraph. 3, the words "against the decision referred to in paragraph 10"
shall be deleted.
147. In section 169, paragraph. 8 (b)):
"(b)) that made the request for the issue of permanent residence permit, within the time limit
or to challenge under section 74, paragraph. 1 or 2 does not appear on the Ministry to
the takeover of the decision on the issue of permanent residence permit and for processing
the data needed for the issue of a certificate for a residence permit or, in the case of
the European Union citizen or family member of citizen of European Union
who asked about the issue of the certificate of residence permit
temporary residence permit or permanent residence permit, does not take the
confirmation of the stay, the residence card of a family member
the European Union citizen or permanent residence permit within 30 days of the
from the date of receipt of the request of the Ministry, if in this period indicated that he
in this Act prevents the grounds on his will, independent ".
148. In paragraph 169. 8 at the end of the text of subparagraph (d)) "shall be added; It
does not apply if the previously filed application is decided after she began
the period in which the alien was entitled to this application ".
149. In section 169, paragraph. 8 at the end of subparagraph (f)), the word "or" shall be deleted,
the end of the paragraph, the dot is replaced by a comma and the following points (h))
j) are added:
"h) that made the request for the issue of a permit for a long-term or permanent
stay at the Embassy, at his invitation within the time limit
does not appear to indicate a visa for a stay over 90 days according to § 30 paragraph. 2, to
which instructs the Ministry published, if within this period indicated that
him in this Act prevents the grounds on his will, the independent
I) that made the request for the issue of a permit for a long-term or permanent
stay at the Embassy at the time of validity of the visa to stay above 90
days according to § 30 paragraph. 4 nepřicestuje on the territory for the purpose of data processing
necessary for the issue of a certificate of residence and, if the request for
permanent residence permit, whether or not for the purpose of taking over the decision to release
permanent residence permit, if at the time of validity of the visa indicated that he
at the entrance in the territory prevents the reasons on his will, or independent
(j)) that made the request for the extradition of aliens ' passport, travel certificate
identity card or travel document under section 108, paragraph. 1 (a). (f)), the
the challenge of the administrative authority, within the time limit does not appear to process the data
necessary for the issue of a travel document if the travel document
containing the data carrier with the biometric data, or to take over the travel
the document, if in this period indicated that the Act prevents the reasons
to his will. ".
150. In section 169, paragraph. 9, after the words "request for extension", the words
"the period of validity of the visa and" and the words "or a request for extension of time
the validity of this visa shall be deleted.
151. In § 169 paragraph 10 is added:
"(10) in the case of the issue of the long-term residence permit or extension of the
its period of validity, the issue of the certificate of residence of the citizen of the European
the Union, a temporary residence permit and permanent residence permit is
the release of the decision means
and the card) a residence permit, if the release permits
long term residence or its renewal,
(b) confirmation of transitional) stay of a citizen of the European Union,
(c)) the takeover of the residence card of a family member of a citizen of the European Union,
in the case of a temporary residence permit, or
(d) a decision on the issue of the taking over) permanent residence permit pursuant to section 74,
certificate of permanent residence permit of the citizen of the European Union or
a permanent residence permit according to § 87t, with respect to the issue of permits to the
permanent residency. ".
152. In § 169 paragraph 10 the following new paragraphs 11 and 12, which
added:
"(11) will come out after the designation of a visa for a stay over 90 days according to § 30 paragraph.
2, after the despatch by section 44, paragraph. 1, § 44a of the paragraph. 12 or section 74, paragraph.
2, or after you send the invitation to the takeover of the acknowledgement of the interim stay
the citizen of the European Union, the residence card of a family member of a citizen
The European Union, the card of residence of the citizen of the European
the Union and the certificate of permanent residence permit according to § 87t, new
the fact that existed at the time of the previous management and are
the reason for this refusal, the Ministry shall decide by resolution of the
continue with the procedure.
(12) the time limit for the issuance of the decision do not run from the date of
and challenges to the Embassy) the designation of a visa for a stay over 90 days
According to § 30 paragraph. 2 until the processing of the data needed for the issue of
certificate of residence permit,
(b)), pursuant to section 44 of the call of the Ministry, paragraph. 1, § 44a of the paragraph. 12 or section 74
paragraph. 2 until the processing of the data needed for the issue of a certificate of
the residence permit,
(c)), pursuant to section 44 of the call of the Ministry, paragraph. 3, § 44a of the paragraph. 13 or section 74
paragraph. 3 until the takeover of the license for a residence permit, or
(d)) to take over the Ministry's prompt confirmation of a transitional stay of a citizen
The European Union, the residence card of a family member of a citizen of the European
the Union, the card of residence of a citizen of the European Union and
certificate of permanent residence permit according to § 87t pending takeover
This document ".
Paragraphs 11 to 15 shall be renumbered as paragraphs 13 to 17.
153. In paragraph 169. 17 the first sentence, the words "who asked for an extension of
employee card issued to him under section 42 g of paragraph 1. 3 or 4 "
replaced by the words "which was released on the job authorization
to employment or who is referred to in section 98 of the Act on employment ".
154. In section 172, paragraph. 5 the fourth sentence, the words "delivered the judgment of the participants
the management immediately after the publication of the judgment at the hearing, or, if the
decided without hearing, the Court shall deliver to the participants
management within 24 hours of its release "shall be replaced by the words" it shall inform
the police immediately after the publication of the judgement ".
155. In section 172, paragraph. 6 the first sentence, after the words "administrative decision"
the words "and of the petition on the protection against inactivity of the administrative
the authority ".
156. Article 174a of the present text becomes paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) in proceedings for the issue of Police for the new decision under section 101 (a). (c))
administrative regulations on administrative expulsion, or of the obligation to leave the territory
maintained at the request of foreigners take into account, in particular, the period of stay of foreigners on the
territory of his minor children of filling compulsory education on the
the territory and the existence of other family or social ties to the territory;
This does not apply if the alien is provided. ".
157. In section 176, paragraph. 5 the introductory part of the provisions of the paragraph and section 176a. 3
the words "foreigners, which have made the Declaration of intention to request the international
protection or by the applicant "shall be replaced by" applicant ".
158. Article 176 c of paragraph 1. 1, after the words "in accordance with international treaties or"
the words "directly applicable regulation in the European Union".
159. In section 176 c of paragraph 1. 2, after the words "in accordance with international agreements ' shall be
the words "or directly applicable regulation in the European Union" and the word
"contract" shall be deleted.
160. In section 180 paragraph. 1, after the word "application", the words "fully
an "and at the end of the paragraph, the following sentence" If the person who
requesting an invitation, represented on the basis of a written power of Attorney, must
be her signature on the officially verified. ".
161. In section 180 paragraph. 2 third sentence, the word "further" is deleted.
162. In § 180 at the end of paragraph 6 the following sentence "demonstrate the ability
the fulfilment of the commitment referred to in letters a, b)) and (d)) proves the inviter in the manner
referred to in section 13 (3). 2. ".
163. § 180 g including title:
"§ 180 g
Test of language
(1) a test of the language is authorised to carry out on the basis of the report
The Ministry of education, youth and sports of the legal person established
the region, which carries out activities with the law of the State language school language
the tests registered in the education register under the Education Act.
(2) the person shall take the permission referred to in paragraph 1 to the announcement of the Ministry of
education, youth and sports. Such effects, does not have the Declaration made in
period of 3 years from the date of the entry into force of the decision on withdrawal
in accordance with paragraph 5 (b). and (b))), or (c)); such a report, the Ministry of
education, youth and sports, only that it is not permissible, and indicate the
the legal reason for inadmissibility.
(3) a person with permission under paragraph 1
and language test) according to a specified by the Ministry of
education, youth and sports,
(b)) shall submit to the Ministry of education, youth and sports of the regular
an overview of the number of tested foreigners (hereinafter referred to as the "overview of the numbers
the test ").
(4) the Czech school inspection checks compliance with legislation
relating to the implementation of language tests.
(5) the Ministry of education, youth and sports of the legal person
the permission referred to in paragraph 1 shall be withdrawn, if this person
and at least 5 cases) in the tests of language over a period of 6 months were evaluated
as the successful foreigners, which failed during the test carried out after the recognition of a
the document certifying the knowledge of Czech language Ministry
under section 70, paragraph. 6 the first sentence,
(b) did not provide an overview of the number of) to be tested in the structure by
the implementing legislation in the time provided for implementing the legal
Regulation or in an additional term specified by the Ministry of education,
Youth and sports,
(c)) in the implementation of language tests seriously or repeatedly
violated the law, or
(d)) of the withdrawal request itself; a request made at the time of the ongoing management
referred to in point (a)), b) or c) is inadmissible.
(6) the proceedings referred to in paragraph 5 may be initiated no later than 12 months,
calculated, in the case referred to in paragraph 5 (a). and from the expiry of the period referred to)
in this subparagraph, in the case referred to in paragraph 5 (a). (b)), from the additional
the term under this subparagraph (a) in the case referred to in paragraph 5 (a). (c)), from the
the inspection findings of the Czech school inspection, which are not
admissible objection.
(7) an examination of the language is in the territory shall be entitled to carry out also a person,
that as a full member of the Association of language testers in the
Europe is carried out by the Association of certified Czech exam
language as a foreign language. This person shall apply mutatis mutandis in paragraph
3. ".
164. In section 182a paragraph 1 reads:
"(1) the Government shall determine by regulation for the purpose of obtaining the authorization permanent
stay on the territory under Title IV of the
and the extent of the knowledge of the Czech language) for the purposes of tests of language,
(b) the organization tests) more of the language, including the determination of the award
tests by the Ministry of education, youth and sports, organization
regulations and publication of information about the Organization of exams,
(c)) document from a language exam,
(d) the structure and terms of submission) an overview of the number of the test,
e) language tests equivalent for the purposes of this Act, the examination of
language. ".
165. In section 182a, paragraph 2 shall be deleted.
The former paragraph 3 shall become paragraph 2.
Article. (IV)
Transitional provisions
1. the procedure provided for in Act No. 326/1999 Coll., which began before the date of entry into
the effectiveness of this law, and to this day, completes and hedge contingent exposures rights
and duties related thereto shall be assessed pursuant to Act No. 326/1999
Coll., as amended effective before the date of entry into force of this Act.
2. the time limits for storing the data provided for in § 160 of Act No. 326/1999 Coll.
in the version effective before the date of entry into force of this Act, which
began to run before the date of entry into force of this Act, shall remain
intact.
3. The provisions of section 48 (a). (f)) of the Act No. 326/1999 Coll., on stay of foreigners and
on the amendment to certain acts, as amended by Act No. 161/2006 Coll., Act No.
427/2010 Coll., and this Act shall apply for the purposes of the payment of the provision
health care on the basis of an interim measure issued by the
prior to the effective date of this Act, if the date of entry into force of
This law nenabylo legal power.
PART THE THIRD
The amendment to the law on the temporary protection of aliens
Article. In
Act No. 221/2003 Coll., on the temporary protection of aliens, as amended by Act No.
112/2006 Coll., Act No. 165/2006 Coll., Act No. 343/2007 Coll., Act No.
379/2007 Coll., Act No. 274/2008 Coll., Act No. 41/2009 Coll., Act No.
227/2009 Coll., Act No. 427/2010 Coll., Act No. 341/2011 Coll. and act
No 375/2011 Coll., is hereby amended as follows:
1. In section 2 (2). 1 introductory part of the provision, the words "control ^ 3) effect
intention to ask the Czech Republic for temporary protection "shall be replaced by the words
"the checks shall submit a request for permission to stay for the purpose of temporary
protection (hereinafter referred to as "the application for the grant of temporary protection") ".
Footnote 3 is repealed.
2. In article 2 (2). 1 (a). and the words ") for permission to stay for
the purpose of temporary protection (hereinafter referred to as "the application for the grant of a temporary
the protection of ")" shall be replaced by "temporary protection".
3. In article 2 (2). 1, point (b)) to (d)) shall be deleted.
Letter e) is renumbered as paragraph (b)).
4. In section 2 (2). 1 (a). (b)), the words "borne by the State and paid by the Ministry"
replaced by the words "shall be borne by the Ministry."
5. In section 2, paragraphs 2 and 3 are added:
"(2) the applicant for the grant of temporary protection shall be not later than
24 hours of admission to a designated place of residence in the
territory. There was an obstacle to the control of the applicant to provide temporary
independent protection that prevents its appearance to a designated place
stay on the territory, the time limit referred to in the first sentence is not running and the applicant for the grant of
temporary protection shall without undue delay notify the barrier
the police or Ministry and come to the place of residence of the
territory within 24 hours after the time limit has ceased.
(3) an applicant for the granting of temporary protection shall be entitled to remain on the territory of the
at least for the time specified to appear in the designated place of stay
on the territory. ".
6. In section 3, paragraph 3. 1 introductory part of the provision, the words "the stranger who
He showed the intention to ask the Czech Republic about the temporary protection referred to in this
of the law, "shall be replaced by" the applicant for the granting of temporary protection ".
7. In section 3, paragraph 3. 1 at the beginning of subparagraph (a)) following the word "valid".
8. In section 3, paragraph 3. 1 (b)):
"(b)) valid foreign public documents issued by the State, if it can be determined
information on the citizenship of the alien and the information about his identity and contains
the photograph of the holder. "
9. section 4 reads as follows:
"section 4
(1) applications for the grant of temporary protection means the manifestation of the will of foreigners,
from which it is clear that looking for temporary protection in the Czech Republic.
(2) the procedure for the granting or withdrawal of permission to reside for the purpose of temporary
protection is the competent Ministry.
(3) the applicant for the granting of temporary protection, for the purposes of this Act,
means an alien who has made the Czech Republic a request for
temporary protection, which has not yet been decided. The position of the
the applicant for the grant of temporary protection has the foreigner for the duration of the run
the time limit for bringing an action under section 17 and for the duration of the court proceedings on the lawsuit
against the decision of the Ministry in case of temporary protection, if this
application granted suspensive effect, or until the resolution of the regional court
to reject suspensive effect, if a stranger asked him. ".
10. In section 5 (a). (b)), the words ", with which the proceedings have been initiated withdrawal
permission to stay for the purpose of temporary protection "shall be deleted.
11. section 6 including a footnote No 20:
"section 6
(1) an alien in the territory shall be entitled to lodge an application for the granting of temporary
the protection of the
and the police)
1. in the humanitarian Centre, or
2. on the Aliens ' Police Department of the district police headquarters (hereinafter referred to as
"Police Department") under the terms and conditions that appear on a voluntary basis, or
(b)) to the Ministry, is hospitalized with an inpatient care,
If the security detention, protective treatment, binding or punishment
imprisonment or is placed in a school for the performance of the device
institutional care or protective custody or in facilities for children
requiring immediate assistance.
(2) the police transported the applicant for the granting of temporary protection, which has
a request for the grant of temporary protection referred to in paragraph 1 (b). and section 2)
the humanitarian Centre, if required by the State of health of the applicant for
the provision of temporary protection or if there is reasonable concern that within the
the time limit does not appear in the humanitarian centres. The costs associated with transportation
the applicant for the grant of temporary protection referred to in the first sentence shall be borne by
the Ministry.
(3) an alien is also entitled to submit an application for the grant of a temporary
in order to ensure the protection of the device in the case of foreigners, a foreigner there
guaranteed, with the exception of foreigners secured in order to transfer or
the transit operation in accordance with the international treaties concluded with other Member States
The European Union prior to the day of the 13. January 2009 or directly applicable
Regulation of the European Union ^ 20).
(4) the Permission foreigners submit requests for granting temporary protection in the
device for securing foreigners shall lapse on the expiry of 7 days from the date when the
the police informed of the possibility to apply for the grant of temporary protection and
the consequences associated with the expiry of that period.
(5) the police shall inform the alien about the permissions of an application for the grant of
temporary protection within the time limit referred to in paragraph 4 in the language in which it is
able to communicate. The police about this Act takes the record that
signed by the alien and the one who issued the alert. If he refuses the alien signature
or if it is unable to write, this fact shall be indicated in the record.
(6) an applicant for the granting of temporary protection is under the conditions laid down
the Act on residence of aliens in the territory of the Czech Republic is obliged to submit to an
ensure the device for securing foreigners. Submission of applications for the granting of
temporary protection is not the reason for their security.
20) European Parliament and Council Regulation (EU) no 604/13 of 26 February.
June 2013, which lays down the criteria and mechanisms for determining the Member
the State responsible for examining an application for international protection lodged
third-country national or stateless person in the
one of the Member States (recast) ".
12. section 7 is repealed.
13. section 8:
"section 8
(1) an applicant for the granting of temporary protection is required on the written
the challenge of the Ministry delivered at least 2 working days in advance to
providing data to applications concerning the granting of temporary protection.
The Ministry of the applicant for the grant of temporary protection prompts you to provide the
data for requests for the provision of temporary protection without undue
the delay after the filing of the application for the granting of temporary protection. In the call
the Ministry of the applicant to provide temporary protection in writing instruct in its
native language or in the language in which it is able to communicate,
the rights and obligations of the applicant for the grant of temporary protection and the law
whenever they turn for help to a natural or legal
a person engaged in the provision of legal assistance or the protection of the interests of the
refugees and the Office of the United Nations High Commissioner for
Refugees (hereinafter referred to as "the Office of the High Commissioner").
(2) the applicant for the grant of temporary protection shall be obliged to request a
the provision of temporary protection to provide the Ministry of information on the
and your name and surname), other names, all previous
surnames and other used names and surnames,
(b)), month, and date of birth,
(c)) and State of birth,
(d)) your nationality, religious beliefs and political beliefs,
e) citizenship,
f) marital status and children
(g)) the last place of residence out of the territory
h) stay in the States, which are bound by the directly applicable law
The European Union ^ 20)
,
I) date and method of entry into the territory,
j) number and the validity of the travel document,
to health status, health) restrictions and other special
needs,
l) because the request for the grant of temporary protection
m) the language in which it is able to communicate,
n) how his trip on the territory and
about) visas or residence permits issued by other States, as appropriate,
the previous request for the grant of temporary protection or granting international
protection in other States.
(3) the Ministry is authorised to carry out in order to determine the State of things
which are not reasonable doubt, with an interview. Participant
management is required to appear for an interview at the place and time specified by the
the Ministry, on the written summons delivered to the party
at least 2 working days before the interview. If a party fails to appear
management for an interview at the place and time specified by the Ministry, will acquire the
This record. ".
14. In section 12 of the letter g) is added:
"(g)) is party to the proceedings without a serious reason to provide information
to requests for the provision of temporary protection, a job interview or
It does not provide the information necessary to determine the State of things, which are not
reasonable doubt. ".
15. In section 14, second sentence, the words "for this purpose, the Ministry" are replaced by
the word "Ministry" and the words "proceedings" shall be replaced by the words
"the acts to which the Ministry summoned or invited."
16. In section 15, at the end of the text of paragraph 1, the words ",
delivered to the Ministry on the spot or through data
the Clipboard ".
17. Footnote 8 is added:
"8) of section 25 of the code of administrative procedure.".
18. under section 15 shall be added to § 15a, which including the title:
"§ 15a
Notification of the decision
(1) a copy of the written copy of the decision of the party
delivered in the place and time set out in the written invitation to take the decision.
(2) If a party fails to take decision management in place and
the time specified in the invitation, the invitation was delivered to him, though, is the day to take
the decision provided for in the call is considered the day when the decision is
delivered.
(3) If a party to proceedings is a decision represented, served
in case of temporary protection Ministry representatives and represented. Legal
effects of delivery occur delivery represented. ".
19. section 16 including the footnotes No 21 to 29:
"section 16 of the
On the procedure for the granting and withdrawal of permission to reside for the purpose of temporary
the protection of the administrative code shall apply, with the exception of the provisions on the service of
the addressees are resident abroad ^ 21), on the notice board of the ^ 22), about the provisions of the
guardian persons of unknown residence and persons residing in the
abroad, if they fail to deliver ^ 23), and the appointment of a representative for the
the service ^ 24), and further provisions for allowing access to file other
persons other than the participants and their representatives) on the 25 ^ Edition copy
scope of the decision at the request of the participant ^ 26), the provisions on appeal
management and control of the degradation of ^ 27), provisions on the review ^ 28) and
the provisions on renewal of proceedings and a new decision ^ 29).
21) section 22 of the administrative code.
22) section 26 of the administrative code.
section 32, paragraph 23). 2 (a). (d)) of the administrative code.
section 33, paragraph 24). 4 of the administrative code.
section 38, paragraph 25). 2 of the administrative code.
section 69, paragraph 26). 4 second sentence of the administrative code.
27) section 81 to 93 and section 152 of the administrative code.
28) section 94 to 99 of the administrative code.
29) section 100 to 102 of the administrative code ".
Footnote 9 is deleted.
20. the heading of section 20 reads: "the Office of the High Commissioner".
21. In article 20, the words "of the United Nations High Commissioner for Refugees (hereinafter
"the Office of the High Commissioner") ' shall be deleted.
22. In section 22, the word "reside" is replaced by the word "remain", and at the end of
section, the following sentence "the right to remain in the territory does not constitute a claim on the
a residence permit under the Act on the stay of foreigners on the territory of the Czech
Republic. ".
23. In section 23, paragraph. 1 introductory part of the provision, the words "a person who
expressed the intention to apply for the grant of temporary protection is required "
replaced by the words "the applicant for the granting of temporary protection is a must."
24. section 25 reads:
"section 25
The applicant for the grant of temporary protection shall be obliged to provide information to the
the application for the granting of temporary protection to cast your Ministry
travel document; This shall not apply if it is staying in the territory on the basis of the authorisation
the stay granted under the law on the stay of foreigners on the territory of the Czech
the Republic or is a participant in a proceeding under the asylum Act ^ 6). Travel
the document is to be presented at the time of the proceedings under this Act. The applicant for
the granting of temporary protection, which is not covered by the obligation to submit
a travel document is required at the latest when providing data to the submitted
the application for the granting of temporary protection to submit your travel document ".
25. In section 28 paragraph. 1 the words "during the period of the proceedings under this Act,
period, which is set to the action against the decision of the Ministry of
(section 17 (1)), and for the management of the application, provided that the
the application is granted suspensive effect, "shall be replaced by the words" narozenému on
the territory for a period of 60 days from the date of birth ", the word" walled "
replaced by the words "paid services" and at the end of text in a paragraph, the
the words "shall be added; This does not apply if the health services provided
According to the asylum Act or act on the stay of foreigners on the territory of the Czech
of the Republic ".
26. In section 28 paragraph. 3, the words "pending a decision on the grant of
temporary protection "shall be replaced by the words", and for a maximum period of 60 days from the date of
date of birth ".
27. section 29 reads:
"§ 29
(1) the Ministry of the alien požívajícího of temporary protection in writing instruct in
his mother tongue or in a language in which he is able to communicate,
of his rights and obligations no later than 3 days from the date of acquisition of the legal
the decision on the grant of temporary protection.
(2) a foreigner enjoying temporary protection, which asks about the accommodation
humanitarian Centre, is obliged to suffer the personal tour, if
reasonable grounds for suspicion, that conceals the thing threatening the life or health of persons or
affecting their psyche. Personal inspection is carried out under the conditions
set out in section 23, paragraph. 2 and 3. ".
28. In section 31, at the end of paragraph 1, the following sentence "the financial contribution
cannot be granted if the foreign national enjoying temporary protection on the territory of the
on the basis of a residence permit issued under the Act on the stay of foreigners on the
the territory of the Czech Republic or a financial contribution is paid by the
Asylum Act. ".
29. In section 31, at the end of paragraph 2 the following sentence "to the procedure for granting
the financial contribution is the competent Ministry. ".
30. In article 32 at the end of the text of paragraphs 1 and 2, the words "in accordance with
Act on the stay of foreigners on the territory of the Czech Republic. "
31. section 34 including title:
"§ 34
Identity card of the applicant for the grant of temporary protection
(1) the Ministry shall issue the applicant a temporary protection card
the applicant for the grant of temporary protection (hereinafter "id").
(2) the Licence of the applicant is a public Charter, which proves the identity of the
the holder and the legitimacy of his remaining in the territory.
(3) to the applicant's identity card, the Ministry of information on the identity of the applicant writes
on the granting of temporary protection, about his citizenship and place of
accommodation and period of validity of the licence applicant.
(4) the period of validity of the licence the applicant sets out the Ministry. Time
the validity of the identity card of the applicant can be repeatedly extended. To extend the
the period of validity, make changes or additions to the information recorded in the
the licence applicant's personal participation is required the applicant to provide temporary
protection; the Ministry may due to good special considerations allow
the exception.
(5) an applicant for the granting of temporary protection is required to the extension of
the period of validity of the licence of the applicant after the release of the decision of the Ministry of the
the matter of temporary protection Ministry show that filed suit against this
the decision on granting suspensive effect.
(6) the Ministry shall determine by Decree the pattern card of the applicant. ".
32. under section 34 shall be added to § 34a, which including the title:
"§ 34a
Invalidity of the certificate applicant
(1) the applicant's Licence is invalid if
and) has expired in it,
(b)) was reported its loss or theft,
(c)) the holder has died or has been declared dead, or
(d)) has acquired the authority of a decision of the Ministry in case of temporary protection
or decision of the Court on an action against a decision of the Ministry by
administrative judicial procedure.
(2) the invalidity of the certificate the applicant shall decide if the Department
and its holder has changed substantially) their form,
(b)) is corrupted so that the entries in it are illegible or is
seriously violated its integrity, or
(c)) contains incorrect information or changes.
(3) if the holder of a certificate of the applicant's present and fully recognizes the reasons for
the invalidity of the certificate, the reasons for the decision to replace the manuscript
signed by the cardholder's statement that, with the decision on its
invalidity agrees. The appeal against the decision in this case is
permitted. ".
33. section 35, including title and footnote No. 30:
"§ 35
The card of residence permit
(1) the Ministry shall issue alien požívajícímu of temporary protection on the card
the residence permit. The period of validity of the residence permit card is the same as
with time, that has been granted permission to stay for the purpose of temporary
the protection afforded by this Act.
(2) the Licence of residence permits is a public Charter, which
shows the identity of its holder and the legitimacy of his remaining in the territory.
(3) Licence for a residence permit shall be issued as a separate document
containing the data carrier with the biometric data, which is data about the
facial image and fingerprint data. In the case of foreigners
požívajícího temporary protection the younger 6 years, if the directly applicable
Regulation of the European Union ^ 30) provides for a different age, or
alien požívajícího of temporary protection, for which it is not possible to purchase prints
the fingers of the hands for reasons of anatomical or physiological changes, or
disability of the fingers, the hands of the licence shall be issued a residence permit,
in which biometric data are only processed data on the display
the face. In the medium in this case is an indication that the data carrier
does not contain the fingerprints of the alien hand požívajícího of temporary protection.
(4) the Licence of residence permit contains data set directly
the applicable law of the European Union ^ 30) and
and an indication of the time) granted permission to stay for the purpose of temporary protection
(b) the indication of the place of the reporting) stay on the territory of the
,
(c)) record restrictions, mom,
(d) digital signature processing) alien požívajícího of temporary protection and
(e)) the record referred to in paragraph 5.
(5) the name, or names, and surname of the alien požívajícího temporary
protection in the card of residence permit shall in accordance with the form referred
in the Latin alphabet in the travel document. If the aliens požívajícímu temporary
protection of the Hall of the Office of the Czech Republic issued a birth or marriage certificate
in the name, or names, and last names in another form, it shall
Ministry of this fact in the form of a record in a card for authorisation to
stay including names, or names, and last names in the form
referred to in the certificate or a sheet.
(6) the Ministry will acquire the biometric data of the alien požívajícího temporary
protection and its signature specified for further digital processing; the signature of the
the Pact, if foreigners požívajícímu temporary protection prevents its
the implementation of hard to jump an obstacle. At the same time processes with the use of
the data on foreigners enjoying temporary protection held in
information systems in accordance with this law, the Protocol, which includes
the information necessary for the issue of a certificate for a residence permit.
(7) when you pass the licence of residence permit to the Ministry of foreigners
požívajícího temporary protection proven about terms of use
the card so as to avoid damage or abuse. When you pass the
certificate of residence permit to the Ministry at the request of the alien požívajícího
temporary protection shall verify the accuracy of the personal information contained in the newsletter
certificate of residence permit, the functionality of the data carriers with biometric data
and the accuracy of biometric data being processed in it. The functionality of the carrier
the data and the accuracy of it processed biometric data shall be verified
using the technical equipment permitting the comparison of currently displayed
biometric data of the alien with the biometric data processed in
data card for a residence permit. In the event of malfunction of the carrier
data with biometric data, where appropriate, detect inaccuracies in it
the personal data processed, or in the case of detection of inconsistencies
personal data processed in the card for a residence permit, foreigners
požívajícímu temporary protection shall issue a new licence for a residence permit.
(8) the holder of a residence permit is entitled to ask the
Ministry to verify the functionality of the data carriers and accuracy in it
processed biometric data. In the event of malfunction
data carriers with biometric data, where appropriate, detect inaccuracies in it
the personal data processed, or in the case of detection of inconsistencies
personal data processed in the card for a residence permit to foreigners
požívajícímu temporary protection shall issue a new licence for a residence permit;
the issue of a new certificate in this case is subject to the administrative fee only
If the broken data carriers with biometric data was
caused by circumstances for which a foreigner enjoying temporary protection
demonstrably knew that may cause damage or malfunction of the carrier
data with the biometric data.
(9) the biometric data can be used only for verifying the authenticity of
certificate of residence permits and the verification of the identity of the alien požívajícího
temporary protection, comparing the biometric data processed in
data medium with the information listed in the information systems provided for in this
the law on listed entities or the data by comparing the biometric data
processed in the data medium with biometric data is currently displayed
alien požívajícího of temporary protection established in the course of the proof
identity with the use of technical equipment.
(10) If a foreigner enjoying temporary protection cannot, for verification purposes
the identity of the present licence for a residence permit, which is the holder,
where applicable, if the data carrier with the biometric data in identity card for authorisation to
the stay is not functional, the verification of the identity fingerprint acquisition
the fingers of the alien požívajícího of temporary protection, and by comparing them with the
biometric data connection for these purposes in information systems
in accordance with this Act.
(11) a foreigner enjoying temporary protection is required to
and after taking the decision to tolerate) for permission to stay for the purpose of
temporary protection, for the purpose of issuing the residence permit card, purchase
Biometrics and its signature, which is intended to further
digital processing; the signature of the Pact, if the aliens požívajícímu
temporary protection in its implementation prevents hard to jump an obstacle.
A foreigner enjoying temporary protection shall, within the time limit laid down
the Ministry, however, at the latest within 60 days from the date of acquisition of the biometric
the data come to the Ministry to take over the licence of residence permit,
(b)) to submit to an acquisition of biometric data of the current technical
facilities in order to verify the authenticity of the certificate of residence permit or
authentication of the identity of the alien požívajícího of temporary protection,
(c) take the new card) the residence permit within the time limit laid down
the Ministry, however, at the latest within 60 days from the date of acquisition of the biometric
the data with respect to the issue of the residence permit card replacement for the card
damaged, destroyed, lost, stolen, or containing the broken rack
the data.
(12) the Ministry shall lay down by Decree
and technical conditions and procedure) in the procurement of biometric data and the
the signature of the alien požívajícího of temporary protection and how to perform signature
for the purposes of the issue of a certificate for a residence permit,
(b)) the specimen of the Protocol referred to in paragraph 6 and its conditions of
processing.
30) Council Regulation (EC) No 1030/2002 of 13 June 2002. June 2002
lays down a uniform format for residence permits for nationals of third
countries, as amended. ".
34. under section 35, the following new section 35a and 35b, which including the following title:
"section 35a
(1) the extension of the period of validity of the licence for a residence permit shall be carried out
issuance of a new licence. The request for extension of the period of validity of the licence
a residence permit is a foreigner enjoying temporary protection shall
submit a travel document, if the holder of the current card, and
the residence permit.
(2) a foreigner enjoying temporary protection, which calls for the issue of a certificate of
the residence permit card replacement for lost, destroyed, stolen or
a damaged or a replacement for a residence permit card whose data carrier
with the biometric data is broken, it is obliged to submit travel
the document, if its holder, and the damaged card for a residence permit
or card with a dysfunctional data carrier with the biometric data.
(3) a foreigner enjoying temporary protection, which calls for the issue of a certificate of
residence permit for reasons of § 36 odst. 2, is required to submit
the travel document, if the holder of the licence, and for a residence permit,
expired.
(4) a foreigner enjoying temporary protection, which calls for the implementation of changes in the
certificate of residence permit, is obliged to present a travel document,
If the holder of the current card, residence permit and a document
proving the required change. The implementation of changes in the card for authorisation to
the stay shall be carried out by issuing a new licence for a residence permit.
(5) a foreigner enjoying temporary protection referred to in paragraphs 1 to 4 shall
shall for the purposes of the issue of a new licence for a residence permit on the challenge
come to the Ministry to process the data necessary for the
issue of a certificate for a residence permit, and including the acquisition of biometric
the data of the alien požívajícího of temporary protection and his signature, which is
designed to further digital processing; the signature of the Pact, if
Aliens požívajícímu temporary protection in its implementation prevents hard
to jump an obstacle. A foreigner enjoying temporary protection shall be
the time limit set by the Ministry, but no later than 60 days from the date of
acquisition of biometric data, come to the Ministry to take over the
the licence for a residence permit.
section 35b
Issue of a certificate for a residence permit without the data carrier with the biometric data
(1) the Ministry may issue a licence of residence permit without the data carrier with the
biometric data that does not contain digital signature processing
alien požívajícího of temporary protection, if
and a technical problem occurred) on the device to ensure the processing of the data
necessary for the issue of a certificate of residence permit containing carrier
data acquisition with biometric or biometric data and signature
alien požívajícího of temporary protection intended to further the digital
processing or transfer device for securing data necessary for the
the production licence of residence permit containing the data carrier with the
biometric data or on the manufacturing technology, if this technical
glitch takes longer than 7 calendar days or
(b)) as a result of a disaster or other extraordinary event not to issue
certificates of residence permit containing the data carrier with the biometric data.
(2) Certificates of residence permit without the data carrier with the biometric data are
be issued with a validity period of 6 months.
(3) If the facts referred to in paragraph 1 have occurred after the date of release for
the residence permit card containing biometric data with carrier
the data have already been taken by the biometric data of the alien požívajícího temporary
protection and its signature specified by the digital processing, such
the data in the information system referred to in section 49, paragraph. 6, and then, when referred to
actually, they are immediately used for the issue of this licence
about residence permits.
(4) if the aliens požívajícímu temporary protection issued on
the residence permit without the data carrier with the biometric data, is obliged to
the challenge personally come to the Ministry to process the data necessary
for the issue of a certificate for a residence permit, and including the acquisition of the
biometric data of the alien požívajícího of temporary protection and its
signature, which is designed to further digital processing; challenge
the Ministry of foreigners požívajícímu temporary protection shall deliver without delay
then, when as the reasons for the issue of a certificate for a residence permit pursuant to
of paragraph 1.
(5) the residence permit Card containing biometric data with carrier
the data is požívajícímu temporary protection to foreigners issued no later than on the date of
the expiry of the licence for a residence permit without the data carrier with the
biometric data. Issue of a certificate for a residence permit pursuant to the sentence
the first is not subject to an administrative fee.
(6) to the takeover of the residence permit card containing the data carrier with the
biometric data issued by the card instead of a residence permit without
data carriers with biometric data prompts foreigners požívajícího temporary
the protection of the Ministry shall immediately after the delivery of the document by the manufacturer.
The takeover of the residence permit card containing the data carrier with the
biometric data in accordance with the first sentence of the validity of the licence shall expire authorization
to stay without the data carrier with the biometric data ".
35. section 36:
"§ 36
(1) Licence for a residence permit shall expire on the date when the
and it was taken away or disappeared) permission to stay for the purpose of temporary
protection,
(b)) was the požívajícímu of temporary protection to foreigners issued a new card
the residence permit,
(c)) was the reason referred to in section 34a, paragraph. 1,
(d)) has acquired the authority of a decision on limitations, or mom
(e)) was cancelled the indication of the place of stay of foreigners reported požívajícího
temporary protection.
(2) the Ministry of the validity of the licence shall revoke a residence permit, if
and its holder has changed substantially) their form,
(b)) is corrupted so that the entries in it are illegible or is
violated his integrity,
(c)) contains incorrect information or unlawfully changes, or
(d)) contains the broken data medium with biometric data.
(3) if the holder of the permit to stay present and fully recognised by the
the reasons for the revocation of a licence, can be grounds for decision
replace the cardholder's signed manuscript that
clear the force agrees. The appeal against the decision is not in
this case permitted. ".
36. In paragraph 38. 1, the second sentence shall be replaced by the phrase "When the amendment request
of the place of stay shall, mutatis mutandis, as reported under section 77, paragraph. 2 to 9
Asylum Act. ".
37. In section 38, paragraph. 2 the second sentence, the words "to the Inspectorate of the foreign
the police in the place of the new residence "shall be replaced by
"the Ministry", the number "3" shall be replaced by the number "7" and at the end of paragraph
with the following sentence "when reporting changes to the place of residence of foreigners reported
požívajícího temporary protection and its interference shall, mutatis mutandis, in accordance with section
paragraph 77. 2 to 9 of the Act on asylum. ".
38. section 39 is repealed.
39. In the second subparagraph of section 40. 2 the first sentence, the words "for proceedings under this
the law, for a period, which is set to bringing an action against a decision
Ministry (section 17 (1)), and for the management of this application for
provided that the application is granted suspensive effect, "shall be deleted.
40. In § 42 paragraph. 1 (a). and), the word "equipment" shall be replaced by
"the Centre".
41. In section 42, paragraph. 1 (b)):
"(b)), pocket money, if it is not paid, the financial contribution referred to in section 43,".
42. section 46 is repealed.
43. In the introductory part of the provisions of section 48 reads: "the Ministry may bear the costs
associated with the voluntary return to the country of origin or, in the case of a kind
Special attention to another State, which is not a Member State of the European
Union or the State of the bound directly applicable EU regulation ^ 20),
for ".
44. In section 48, the letter a) is repealed.
The former subparagraph (b)) and (c)) shall become letters and) and (b)).
45. In section 48 (a). and the words ") 24 hours" shall be replaced by "7 days" and the word
"or" is replaced by the words "the decision of the Court on an action against the refusal
or withdrawal of permission to reside for the purpose of temporary protection, stopping the
the procedure for granting permission to stay for the purpose of temporary protection or
the decision on the complaint against the decision of the Court on an action against
the decision of the Ministry in case of temporary protection, or ".
46. In section 48 (a). (b)), the words "24 hours" shall be replaced by "7 days" and the words
"and (e))" shall be replaced by the words "and (f))".
47. section 49 reads as follows:
"§ 49
(1) the Ministry keeps records of applicants for temporary protection and
foreigners enjoying temporary protection. The Ministry also keeps records of the
aliens who have lodged a complaint with the proposal on granting suspensive effect
against the refusal or withdrawal of permission to reside for the purpose of temporary
protection, stopping the proceedings for granting permission to stay for the purpose of
temporary protection or have lodged an appeal in cassation against the decision of the Court of
action against the decision of the Ministry in case of temporary protection with the proposal
granting suspensive effect.
(2) data from the registers referred to in paragraph 1 shall provide the public authorities to
on the basis of their application if they are entitled to their processing for
the performance of their tasks in accordance with the specific legislation, if this
the law does not provide otherwise.
(3) the data held in the registers referred to in paragraph 1 shall be kept in the range of
referred to in the application for the grant of temporary protection and information to its
the replenishment pursuant to section 8 (2). 2.
(4) the information in the registers and information systems under this Act
can be kept in paper or electronic form, and in the same
as i passed, with the exception of the biometric data that are
always be processed in electronic form.
(5) the data held in the registers and information systems referred to in paragraphs 1
and (6) and section 50, paragraph. 2 destroyed 20 years after the end of the stay of the person on the
the territory; the time of their stay in the territory for these purposes means
the calendar year in which he was staying on the territory of the person stopped. Biometric
the information is destroyed immediately after the expiry of the certificate of authorization
to stay.
(6) in the exercise of the competence of the Ministry under this Act for the
the purpose of the issuance of a licence of residence permits and the processing of the Protocol referred to in
§ 35 paragraph. 5 manages and operates the information system about aliens
enjoying temporary protection requesting issue of a certificate of authorization to
stay, renewal of the licence for a residence permit, the release
certificate of residence permit card replacement for the lost, destroyed,
stolen or damaged card, or a replacement for a residence permit,
the data carrier with the biometric data is broken, and it's in the range
applications submitted by a foreigner enjoying temporary protection. In the information
system are kept also the biometric data, which were taken for the
the purpose of the issue of a certificate for a residence permit, and digital processing
the signature of the alien požívajícího of temporary protection.
(7) the data held in the information system referred to in paragraph 6, after the takeover of the
the licence for a residence permit shall be transmitted to the register under section 158, paragraph. 2
Act on the stay of foreigners on the territory of the Czech Republic.
(8) If the alien's enjoying temporary protection does not assume the card
residence permit, information kept about this body of data in the information
the system referred to in paragraph 6, including biometric data,
destroyed after the expiration of 60 days from the date of delivery of the card produced by
residence permit Ministry. ".
Footnote 16 is deleted, including the references to the note under
line.
48. In § 50 paragraph 2 is added:
"(2) Police records fingerprints of applicants for the grant of temporary protection
and foreigners enjoying temporary protection ".
49. Footnote 17:
"17) Law No 273/2008 Coll., on the police of the Czech Republic, as amended by
amended.
Act No. 153/1994 Coll., on the intelligence services, as amended
regulations.
Act No. 154/1994 Coll., on the security information service, as amended by
amended.
Law no 289/2005 Coll. on Military Intelligence, as amended
regulations.
Act No. 341/2011 Coll. on security forces and general inspection of the
change related laws, as amended. ".
50. In section 53, paragraph. 3, the words "in accordance with the particular legal
^ "regulation 15) shall be deleted.
51. section 55 including title:
"§ 55
Misdemeanors
(1) an applicant for the granting of temporary protection, is guilty of a misdemeanor, by
and) contrary to section 24, paragraph. 1 (a). and nesetrvá in the humanitarian Centre)
until the identification operations will be carried out,
(b)) in contravention of section 24, paragraph. 1 (a). (b) leave the humanitarian Centre)
before will be medically examined or
(c)) in contravention of section 24, paragraph. 1 (a). (c) leave the humanitarian Centre)
before the end of the quarantine, or other measures in connection with the protection of
public health.
(2) an alien staying outside enjoying temporary protection for humanitarian
the Centre commits an offence that does not comply with the obligation to report the place of
residence pursuant to § 38 paragraph. 2.
(3) the offence referred to in paragraph 1 or 2, you can impose a fine of up to 2 000 Czk.
(4) the Offence referred to in paragraphs 1 and 2 shall examine Ministry. ".
52. section 56, including the title.
53. In article 58, paragraph 1 shall be deleted and shall be deleted at the same time, paragraph
2.
54. In section 58a, paragraph. 4 at the end of subparagraph (b)), the comma shall be replaced by the dot and
subparagraph (c)) shall be deleted.
55. The annex No. 1 to 3 are hereby repealed.
PART THE FOURTH
Amendment of the Act on public health insurance
Article. (VI)
In section 7 (2). 1 (a). q) Act No. 48/1997 Coll., on public health
insurance and amending and supplementing certain related laws, as amended by
law no 350/2005 Coll., Act No. 165/2006 Coll. and Act No. 250/2014
Coll., for the word "territory", the words "Czech Republic" and the words
"granted a visa for a stay over 90 days for the purpose of prolonging the stay"
replaced by the words "issued confirmation of prolonging the stay on the territory of the Czech
of the Republic ".
PART THE FIFTH
The amendment to the law on social and legal protection of children
Article. (VII)
In section 2 (2). 2 (a). f) of Act No. 359/1999 Coll., on the socio-legal
the protection of children, as amended by Act No. 103/2013 Coll., the word "territory"
the words "Czech Republic" and the words "visa to stay for over 90 days
sufferance stay in the territory "shall be replaced by the words" confirmation of prolonging the
stay on the territory of the Czech Republic. "
PART SIX
Amendment of the Act on the protection of the State border
Article. (VIII)
Law No. 216/2002 Coll., on the protection of the State borders of the Czech Republic and the
change some of the laws (law on the protection of the State border), as amended by
Law No. 481/2004 Coll., Act No. 178/2007 Coll., Act No. 379/2007 Coll.
Act No. 274/2008 Coll. and Act No 301/2009 Coll., is hereby amended as follows:
1. In section 10, paragraph 1. 1 at the end of the text of subparagraph (d)) "shall be added; These
the premises is obliged to leave the airport operator to free
the use of the Ministry of the Interior (hereinafter referred to as "the Ministry") ".
2. In section 10, paragraph 1. 3 the words "Ministry of the Interior (hereinafter referred to as
"the Ministry") ' shall be replaced by the word "Ministry".
PART SEVEN
The amendment to the Employment Act
Article. (IX)
Act No. 435/2004 Coll., on employment, as amended by law No 168/2005
Coll., Act No. 202/2005 Coll., Act No. 253/2005 Coll., Act No. 350/2005
Coll., Act No. 382/2005 Coll., Act No. 413/2005 Coll., Act No. 428/2005
Coll., Act No. 444/2005 Coll., Act No. 495/2005 Coll., Act No. 109/2006
Coll., Act No. 112/2006 Coll., Act No. 115/2006 Coll., Act No. 161/2006
Coll., Act No. 165/2006 Coll., Act No. 214/2006 Coll., Act No. 264/2006
Coll., Act No. 159/2007 Coll., Act No. 181/2007 Coll., Act No. 213/2007
Coll., the Act No. 261/2007 Coll., Act No. 362/2007 Coll., Act No. 379/2007
Coll., Act No. 57/2008 Coll., Act No. 124/2008 Coll., Act No. 129/2008
Coll., Act No. 306/2008 Coll., Act No. 382/2008 Coll., Act No. 479/2008
Coll., Act No. 158/2009 Coll., Act No. 223/2009 Coll., Act No. 227/2009
Coll., Act No. 281/2009 Coll., the Act No. 326/2009 Coll., Act No. 362/2009
Coll., Act No. 149/2010 Coll., Act No. 347/2010 Coll., Act No. 427/2010
Coll., Act No. 73/2011 Coll., Act No. 364/2011 Coll., Act No. 365/2011
Coll., Act No. 367/2011 Coll., Act No. 375/2011 Coll., Act No. 420/2011
Coll., Act No. 458/2011 Coll., Act No. 470/2011 Coll., Act No. 1/2012
Coll., Act No. 401/2012, the finding of the Constitutional Court, declared under no.
437/2012 Coll., Act No. 505/2012 Coll., Act No. 303/2013 Coll., Act No.
306/2013 Coll., Act No. 64/2014 Coll., Act No. 101/2014 Coll., Act No.
136/2014 Sb, the award of the Constitutional Court, declared under no 219/2014 Sb.
Law No 250/2014 Coll., Act No. 84/2015 Coll., Act No. 131/2015 and
Law No. 203/2015 Coll., is hereby amended as follows:
1. In section 97 (a). e), the words "granted a visa to stay for over 90 days
sufferance stay ^ 51) "shall be replaced by the words" issued confirmation of prolonging the
stay on the territory of the Czech Republic ^ 51) ", the number" 12 "shall be replaced by the number
"6" and the words "the submission of the application for asylum" shall be replaced by the words
"the provision of data to the application submitted by the grant of international protection".
2. In section 99 (a). and the number ") 12" shall be replaced by the number "6" and the word "submission"
shall be replaced by the words "the provision of the data to be submitted".
PART EIGHT
Amendment of the Act on administrative fees
Article. X
The annex to the Act No 634/2004 Coll., on administrative fees, as amended by
Law No. 217/2005 Coll., Act No. 228/2005 Coll., Act No. 357/2005 Coll.
Act No. 361/2005 Coll., Act No. 444/2005 Coll., Act No. 545/2005 Coll.
Act No. 553/2005 Coll., Act No. 48/2006 Coll., Act No. 56/2006 Coll.
Act No. 57/2006 Coll., Act No. 81/2006 Coll., Act No. 109/2006 Coll.
Act No. 112/2006 Coll., Act No. 130/2006 Coll., Act No. 137/2006 Coll.,
Act No. 137/2006 Coll., Act No. 159/2006 Coll., Act No. 179/2006 Coll.
Act No. 186/2006 Coll., Act No 215/2006 Coll., Act No. 226/2006 Coll.
Act No 227/2006 Coll., Act No. 235/2006 Coll., Act No. 309/2006 Coll.,
law no 575/2006 Coll., Act No. 106/2007 Coll., the Act No. 261/2007 Coll.
Act No. 269/2007 Coll., Act No. 374/2007 Coll., Act No. 379/2007 Coll.
Act No. 38/2008 Coll., Act No. 130/2008 Coll., Act No. 140/2008 Coll.,
Law No. 182/2008 Coll., Act No. 189/2008 Coll., Act No. 230/2008 Coll.,
Act No. 239/2008 Coll., Act No. 254/2008 Coll., Act No. 296/2008 Coll.,
Act No. 297/2008 Coll., Act No. 301/2008 Coll., Act No. 309/2008 Coll.,
Act No 312/2008 Coll., Act No. 382/2008 Coll., Act No. 9/2009 Sb.
Act No. 41/2009 Coll., Act No. 141/2009 Coll., Act No. 197/2009 Sb.
Law No. 206/2009 Coll., Act No. 227/2009 Coll., Act No. 281/2009 Sb.
Law No. 291/2009 Coll., Act No. 301/2009 Coll., Act No. 346/2009 Sb.
Act No 420/2009 Coll., Act No. 132/2010 Coll., Act No. 148/2010 Sb.
Act No. 153/2010 Coll., Act No. 160/2010 Coll., Act No. 343/2010 Sb.
Law No 427/2010 Coll., Act No. 30/2011 Coll., Act No. 105/2011 Sb.
Act No. 133/2011 Coll., Act No. 134/2011 Coll., the Act No. 152/2011 Sb.
Act No. 188/2011 Coll., Act No. 245/2011 Coll., Act No. 249/2011 Sb.
Act No. 255/2011 Coll., Act No. 262/2011 Coll., Act No. 300/2011 Sb.
Act No. 308/2011 Coll., Act No. 329/2011 Coll., the Act No. 344/2011 Sb.
Act No. 349/2011 Coll., Act No. 350/2011 Coll., Act No. 357/2011 Sb.
Law No 375/2011 Coll., Act No. 428/2011 Coll., Act No. 457/2011 Sb.
Law No. 458/2011 Coll., Act No. 472/2011 Coll., Act No. 19/2012 Sb.
Act No. 37/2012 Coll., Act No. 53/2012 Coll., Act No. 119/2012 Sb.
Act No. 169/2012 Coll., Act No. 172/2012 Coll., Act No. 202/2012 Sb.
Act No. 221/2012 Coll., Act No. 225/2012 Coll., Act No. 274/2012 Sb.
Law No. 350/2012 Coll., Act No. 359/2012 Coll., Act No. 399/2012 Sb.
Law No. 407/2012 Coll., Act No. 428/2012 Coll., Act No. 496/2012 Sb.
Act No. 502/2012 Coll., Act No. 503/2012 Coll., Act No. 50/2013 Sb.
Law No. 69/2013 Coll., Act No. 102/2013 Coll., Act No. 170/2013 Sb.
Act No. 185/2013 Coll., Act No. 186/2013 Coll., Act No. 232/2013 Sb.
Act No. 239/2013 Coll., Act No. 241/2013 Coll., Act No. 257/13 Sb.
Act No. 273/2013 Coll., Act No. 279/2013 Coll., Act No. 281/2013 Sb.
Act No. 306/2013 Coll., Act No. 313/2013 Coll., legal measures
The Senate no 344/2013 Coll., Act No. 101/2014 Coll., Act No. 127/2014 Sb.
Act No. 187/2014 Coll., Act No. 249/2014 Coll., Act No. 257/2014 Sb.
Act No. 259/2014 Coll., Act No. 264/2014 Coll., Act No. 268/2014 Sb.
Act No. 331/2014 Coll., Act No. 81/2015 Coll., Act No. 103/2015 Sb.
Law No. 204/2015 Coll., Act No. 206/2015 Coll. and Act No. 224/2015
Coll., is hereby amended as follows:
1. (a) in item 116. (g)), the word "or" is replaced by a comma and the word
"protection" shall be inserted the words "or certificate of residence permit to foreigners
požívajícího temporary protection ".
2. In item 116 on the part of the Exemption in paragraph 1, the words "d), (f))"
replaced by the words "d) to (f))" and in paragraph 2, the words "to (d)), and (h))" shall be replaced by
"(d)), e), (h))".
3. In item 116 is a part of the liberation part of the Authorization shall be inserted, which read:
"Empowerment
1. the administrative authority may, for reasons worthy of special attention to reduce by 50%
the fee referred to in subparagraph (f)), g) or (h)) on this item, at the request of
azylanta, persons enjoying subsidiary protection or the alien požívajícího
temporary protection.
2. the administrative authority may, on request, azylanta, beneficiaries of supplementary
protection or temporary protection of the alien požívajícího that no
the fault has ceased to pass for a residence permit, to reduce the fee by
(a) (i)) of this entry to 1 000 CZK and the fee referred to in subparagraph (j)) of this
items to 500 Czk. ".
4. In item 116 on the part of the subject of the charge is not in point 3, the words
"or" is replaced by a comma and point at the end of the text, the words "or
certificate of residence permit of the alien požívajícího of temporary protection ".
5. Under section 117A exemption letter b) including notes below
line no. 67 is repealed. Former points (c) to (f))) are referred to as
letters b) to (e)).
PART NINE
CANCELLATION PROVISIONS
Article. XI
Decree No 274/2004 Coll., laying down the list of diseases that would
could endanger public health, and the list of diseases and disabilities which might
could seriously endanger public order, shall be deleted.
PART TEN
The EFFECTIVENESS of the
Article. XII
This law shall enter into force on the fifteenth day following its publication.
in from Arvind at r..
Zeman in r.
in the Bělobrádek in the r..