WELCOME TO THE CZECH REPUBLIC

Transcription

1 WELCOME TO THE CZECH REPUBLIC Second Edition European Initiative for Democracy and Human Rights

2 1. INTRODUCTION WELCOME TO THE CZECH REPUBLIC The Czech Republic Largest cities in the Czech Republic Types of residence in the Czech Republic Development of the refugee issue in the Czech Republic An overview of refugee assistance organizations in the Czech Republic ASYLUM PROCEDURE Who is eligible for asylum in the Czech Republic? Who is not eligible for asylum and what kind of requests will be refused under the shortened procedure (within 30 days)? How does the asylum procedure work? Decisions in asylum proceedings ASYLUM FACILITIES Asylum facilities and their location on the territory of the Czech Republic A list of the asylum and integration facilities of the Czech Interior Ministry Residence in an asylum facility Medical care at an asylum facility TRANSITION TO PRIVATE LIFE Transition to private life Visas for an asylum claimant Accommodation outside of the asylum facility Financial support Health care outside of the asylum facility Return to the asylum facility Closing a marriage in the territory of the Czech Republic VOLUNTARY REPATRIATION INFORMATION ABOUT LABOR LAW REGULATIONS AND STARTING A BUSINESS IN THE CZECH REPUBLIC EDUCATION Introduction to the issue Elementary school High school College Courses in the Czech language DIRECTORY... 48

3 1. Introduction The information brochure you are holding in your hand should make your orientation and movement about the Czech Republic easier. On the following pages we have tried to answer the most frequently asked questions about residence for asylum claimants in the Czech Republic, not only for people living at residential centers, but primarily for those living privately. We decided to put this information into one package because of the growing number of refugees not participating in asylum proceedings who do not have sufficient information. We hope that this brochure will be a good guide and, most of all, a good source of advice for your concrete needs and requests. You may not find the information you need in this brochure. If so, those working for nongovernmental organizations are prepared to give you a helping hand at any time. Julie Hernandezová DÏana NidÏar Popoviç Pavla Vrátná 3

4 2. Welcome to the Czech Republic 2.1. The Czech Republic The Czech Republic is composed of the regions of Bohemia and Moravia; it covers an area of 78,664 km 2 with a population of 10,400,000. Since February 2003, the Czech President has been prof. Ing. Václav Klaus, CSc., who was born in 1941 in Prague. The official language is Czech and the currency is the crown (1 crown=100 hellers). Since 1999, the Czech Republic has been a member of NATO. The largest city in the Czech Republic is also the capital, Prague. The second largest city is Brno with its mechanical engineering and textile industries. The main center of heavy industry in the Czech Republic is Ostrava. The most significant river is the Elbe, 370 kilometers of which pass through Bohemia; the longest river is the Vltava (430 km). The Czech territory is located on the dividing line between the coastal and continental climates. The average July temperature reaches 20 C in the lowlands and 8-11 C in the mountains. January temperatures in the lowlands vary from 1 to 2 C, and in the mountains from 5 to 7 C. The territory is rich in mineral springs, which are used for spas. The Czech Republic s neighbors are Austria, Germany, Poland and Slovakia Largest cities in the Czech Republic Prague the capital city Prague is the capital and the largest city in the Czech republic with a population of 1,184,000. It has developed over the course of eleven centuries into its present form. Contemporary Prague covers a square area of 496 kilometers, and 30 kilometers of the river Vltava flow through Prague as well. Three million tourists visit Prague annually. The historical center of the city, with its unique panorama of Prague Castle, is a UNESCO-protected area. Some of the other well-known landmarks include, for example, Vy ehrad, the Charles Bridge, the Old Town Square, the National Theater and others. Prague s greatest cultural and architectural expansions occurred during the rule of Charles IV and Rudolf II. Central Europe s oldest university is also a famous Prague landmark Charles University (Univerzita Karlova), founded in Prague is the main economic center of the state. More than 10% of the production of Czech industry is concentrated here, as well as all of the important financial centers. The Office of the President of the Republic, the Office of the Government and both chambers of Parliament are located here. It is possible to travel around Prague by means of an extensive public transit system metro, trams, and buses. 4

5 Brno Brno, in the center of Europe, is the second largest city in the Czech Republic with a population of 390,100. It is also the center of Moravia, one of the historical lands of the Czech crown. It extends over the Moravian Gate region, through which, over the centuries, the roads connecting northern and southern European civilizations have led. Brno spreads out over a picturesque landscape, surrounded on three sides by forested hills; to the south lie the extensive South Moravian lowlands. On the north the city is protected by the foothills of the Drahanské and Czech-Moravian Highlands. The city lies in a basin on the rivers Svratka and Svitava at an elevation of meters above sea level, spread over an area of 230 km 2. Geographically, Brno is part of the Lower Danube region and is historically connected with Vienna, which is only 110 km away. Thanks to its position on the border of the Czech-Moravian Highlands and the lowlands of South Moravia, the city of Brno enjoys an extensive and varied natural environment and pleasant climatic conditions for recreation and living. Ostrava Ostrava is the third largest city in the Czech Republic with a population of 326,200 and the largest population center in the border triangle created by three states: the Czech Republic, Poland (15 km) and Slovakia (55 km). Within the Czech Repulic, Ostrava occupies a very special position. During the last ten years it has been considered the industrial heart of the Republic, a dirty, uninviting city of tough, hardworking people. It was not always like this. Throughout history, Ostrava has been a city of business and transport. Over the course of centuries, Ostrava gradually became a cosmopolitan, commercial, cultured city, with a socially important population playing a role in the national economy. At the turn of the 20th century and during the so-called First Republic, Ostrava belonged among the most developed urban centers of population, with a functioning business and industrial center and several cultural venues for various nationalities, such as theaters, etc. Very few cities in the Czech Republic have experienced such an enormous regeneration as did Ostrava after Ostrava lies at the confluence of four rivers, the Odra, Opava, Ostravice and Luãina. PlzeÀ In 1295, at the confluence of the rivers Radbuza and MeÏ, the Czech King Václav II founded New PlzeÀ only 9 km northwest of the original PlzeÀ. PlzeÀ has maintained its leading position among Bohemian cities for 700 years. With its 173,000 inhabitants, it is an important cultural, economic, transport, business and industrial center, famous primarily for the products of its breweries and the koda factories. It is also considered the center of education in the region besides housing a whole series of elementary and high schools, it is home to the West Bohemian University and the Medical Faculty of Charles University. Today, PlzeÀ is a metropolis, the fourth largest city in the Czech Republicc. 5

6 2.3. Types of residence in the Czech Republic (Law no.326/1999 Coll., on the residence of foreigners) TEMPORARY STAY Visa of residence for up to 90 days A consulate, Embassy, or other authorized office of the Czech Republic, unless it is otherwise prescribed, will process a visa of residence for up to 90 days at the request of the foreigner. According to the foreigner s request, the consulate, Embassy, or other authorized office will process the visa of residence for up to 90 days as either single or multiple entry. The visa of residence for up to 90 days authorizes residence in the territory for the time set in the visa. The total time of the residence may not exceed 90 days. Whoever processes the visa of residence for up to 90 days must state the purpose of the residence. How long is this visa valid? Validity of this visa is set according to the number of expected entries in the territory, however, for 1 year at the most. (This means that the time of residence in the Czech Republic must not exceed 90 days, but it is possible to use the visa during a 1 year period following its issuance.) What must I attach to the request for a visa for residence for up to 90 days at the consulate, Embassy, or other authorized office? - passport/travel document - photographs - an invitation verified by the police, or demonstration of the means to reside in the territory, and a document guaranteeing accommodation of the foreigner during his/her residence in the territory, if security for the costs connected with his/her residence on the territory cannot be otherwise proved - a monetary amount high enough to cover the costs associated with travel from the territory to the state which issued the passport, or to the state of permanent residence by air (socalled security). Security is not required if the costs will be guaranteed in some other way. - other documents verifying the data required in the visa request. How high of an amount is required to demonstrate the means to reside? As long as the residence on the territory of the Czech Republic does not exceed 30 days, the amount is half the minimum required to live as prescribed by law (at the present time, according to 3 para. 2 letter e) of Law No. 463 /1991 Coll., on the minimum required to live. At the present time, this amount is 3,770 Czech crowns per adult. If the residence on the territory will exceed 30 days, the amount must be 15 times the minimum required to live as prescribed by law. This amount will double for every month more of residence. If the residence is for the purpose of doing business, and the stay exceeds 90 days, the amount is 50 times the minimum required to live as prescribed by law. 6

7 In the event that the foreigner possesses a document confirming that the services connected with residence in the territory have been paid, or a document that the services will be provided free of charge, then the foreigner does not have to prove that he/she possesses the amounts listed above. Is it possible to file a guarantee of the means for residence on the territory in some other way? Yes, by means of a bank statement in the name of the foreigner, from which it can be concluded that the foreigner can access financial means in the amount prescribed in connection with the length of the stay. Or, by another document of financial security, for example, a valid, internationally recognized credit card. Can the request for a visa of residence for up to 90 days be filed elsewhere than at a consulate, Embassy, or other authorized office of the Czech Republic? It is possible to file this request with the Czech police at the border crossing, but only in the following cases: - due to serious unpredictable reasons, the applicant is not able to file his/her application with a Czech consulate, and - the foreigner is applying for a visa for humanitarian reasons, in the interest of the Czech Republic, on the grounds of international obligations of the Czech Republic or for other well-founded reasons. For how long is a visa valid when it is issued by the police at a border crossing? 15 days maximum. Visa for residence for over 90 days for the purpose of employment Where may a visa for residence for over 90 days for the purpose of employment be requested? At a consulate or Embassy of the Czech Republic (which is to say, outside of the territory of the Czech Republic). For how long is the visa for residence for over 90 days for the purpose of employment issued? The visa s validity is 1 year at the most. What should be provided in addition to the request? - work permit - passport/travel document 7

8 - a document guaranteeing accomodation for the duration of residence on the territory - an extract from the Czech Criminal Register as a proof of criminally good conduct - photographs Where and how is it possible to request a work permit? 1. The company for whom the foreigner will work must request permission from the Labor Office in the place where the foreigner will be working. 2. With this permit, the foreigner must request an individual work permit at an appropriate labor office, capable of handling foreigners (see the Directory below). For how long is the work permit valid, and is it possible to reapply? The work permit is issued for a maximum of one year and it is possible to reapply. Visa of residence for over 90 days for the purpose of extending residence Under what conditions is it possible to request this visa and who can issue it? Visas for the purpose of extending residence can be issued by the police as follows: - at the request of a foreigner if his or her travel out of the territory is prevented by circumstances beyond his or her control (in the event that the so-called barrier to exit" exists); - at the request of a foreigner who has filed an appeal or an appeal of cassation with an acknowledged suspensive effect What is the barrier to exit" and who is responsible for this decision? A state organ of the Czech Republic (that is, a court or an administrative body) must officially proclaim the barrier to exit". It is to be proclaimed in the following cases: a) if the foreigner would be forced to exit or be deported: - to a state where his or her life or liberty would be threatened for reasons of race, religion, nationality, membership in a certain social group or political convictions; - to a state where he or she is threatened with torture, inhumane or degrading treatment or punishment, or where his or life is threatened as a result of wartime conflict; or - to a state which requests his or her extradition for a crime, for which the law of that state prescribes the death penalty; or b) if it would be in conflict with obligations arising from international treaties. However, this does not apply if the citizen: a) is able to travel to another state; or, b) if the citizen threatens state security, or has been convicted of an especially serious crime, or if the deportation is required in order to comply with international treaties; in that case, the foreigner has 60 days to find another state to accept him or her. If this foreigner then proves that he or she is not able to exit the territory, the police will issue a visa for the purpose of extending residence. 8

9 At the request of the police, a foreigner is obliged to proof that the barrier to exit persists. If it is a barrier out of the control of the applicant, the proof can be replaced by an affidavit (a statement of honour). For how long is this visa valid? The validity of a visa for the purpose of extending residence is prescribed by the police only for the amount of time which is absolutely necessary; the maximum limit possible is 365 days. It is possible to renew the visa more than once. What must be provided along with the request to issue a visa for the purpose of extending residence? 1. A passport, belonging to the holder, which has not expired; 2. a notarized copy of a document confirming the existence of a reason to reside, according to 32 para. 2 letter a) and c) of Law no. 326/1999 Coll., on the residence of foreigners, ie. a copy of a document that leaving the country is impossible due to a barrier out of applicant's control (can be substituted by a statement of honour in the case that documents cannot be supplied for reasons out of applicant's control); 3. photographs. Long-term stay in the territory As the validity of the visa of residence for over 90 days is limited for up to 1 year, longer temporary stays are resolved by a long-term stay permit. The application has to be filed with the police in the territory of the Czech Republic. Who is entitled to apply for the long-term stay? 1. The long-term stay, which foreigner applies for, must immediately follow up a previous stay based on a visa of residence for over 90 days. The application has to be handed in before the visa for over 90 days expires (e.g. visa for the purpose of employment). The purpose of residence has to be the same as in the case of the previous stay based on a visa. 2. Furthermore, the application may be handed in by a foreigner who has been residing in the territory with a visa of residence for over 90 days for the purpose of extending residence supposed his stay has exceeded 1 year and the barrier of exit persists (see visa of residence for over 90 days for the purpose of extending residence). For how long is the permit issued? Is is possible to change the purpose of stay? The foreigner gets an identity card of a validity necessary for fullfilling the purpose of his stay, however, 1 year is the maximum. It is possible to prolong the validity repeatedly but for a 1- year period at the most. The residence is always bound to the permitted purpose of stay. Should the purpose of stay change, it is necessary to apply for issuing a new permit of residence with the police. 9

10 What has to be enclosed with the application? - passport/travel document - a document confirming the purpose of residence - document guaranteeing the means for a long-term residence in the territory of the Czech Republic (see chapter Permanent residence) - a document guaranteeing accomodation for the duration of residence on the territory - an extract from the Czech Criminal Register as a proof of criminally good conduct - photographs Residence in special cases after ending asylum procedure 69a of Law No. 326/1999 Coll., on the residence of foreigners newly cares for the situation of citizens who after several years spent in the asylum procedure in the Czech Republic do not finally get asylum. However, conditions of return to their country of origin are difficult and, at the same time, they actually lost opportunity to apply for a long-term visa or residence permit in the Czech Republic. What are the conditions of obtaining a permit for this kind of rsidence? - a foreigner has spent at least 5 years without interruption in the territory of the Czech Republic, first on the basis of a long-term visa or a long-term permit, then due to waiting for a final decision in the asylum procedure, and at the same time, - he/she is not a citizen of a state that is recognised as a safe country of origin, i.e. as a country where human rights are truly observed und democratic institutions are functioning. Where do you have to hand in the application? You file the application with the Ministery of Interior, department of asylum and migration policy. What do you have to attach to your application? - filled-in "Application for permit to reside in the Czech Republic" form - photographs - passport/travel document - document confirming the purpose of residence on the territory of the Czech Republic - extract from the Czech Criminal Registry - document confirming the provision of accommodation in the territory 10

11 PERMANENT RESIDENCE IN THE TERRITORY A foreigner is authorised to apply for permanent residence in the Czech Republic after 10 years of uninterrupted residence in the territory with a long-term stay permit. What is counted into this period is stay with a visa for residence of over 90 days and with a long-term stay permit. Period of studies is counted only as a half. Where is it possible to request permanent residence? At a consulate, Embassy, or another representative office of the Czech Republic. Is it possible to request permanent residence from within the territory of the Czech Republic? It is also possible to request permanent residence from the Czech police in the event that the foreigner to whom the residence permit is to be issued: A. Still resides in the territory within the framework of his/her preceding residence and: 1. is the spouse, or a minor child, or an adult child without means of support of a citizen of the Czech Republic; 2. is the parent of a minor or an adult without means of support who is a citizen of the Czech Republic; 3. is the minor or adult child without means of support of a foreigner residing in the terriotry on the basis of a residence permit, and the reason for the request is the continued family life of both foreigners; 4. is the spouse or the minor child of a foreigner to whom asylum has been provided for reasons listed in a particular legal statute; or, 5. requests a residence permit according to 65 para. 1 letter c) - that is, whose residence in the territory is in the interests of Czech foreign policy; the condition is a document issued by a state organ confirming that the residence of the foreigner on the territory is in the foreign policy interests of the Czech Republic; B. Still resides in the territory on the basis of a long-term visa and: 1. requests this residence permit for reasons according to 65 odst. 1 písm. b). - that is, for humanitarian reasons, or for other very obvious reasons, especially if the foreigner is the spouse or minor child of a person granted asylum, or a child who is dependent on the care of a person granted asylum, as long as he or she is not requesting asylum, or was once a citizen of the Czech Republic; or 2. fulfills the condition for the time of residence according to 66 or 67; or C. Has been entrusted to foster parents by means of the decision of the appropriate organ and has reached the age of 18. What must be presented along with the request? - photographs - passport/travel document - a document confirming the purpose of residence on the territory of the Czech Republic, 11

12 for example, a marraige certificate, birth certificate or other certiifcate proving relatedness, or a document that the foreigner was once a citizen of the Czech Republic (Law no.40/1993 Coll., on the attaining and loss of citizenship of the Czech Republic, in the sense of the later statutes) - document on guaranteeing the means for permanent residence in the territory of the Czech Republic - extract from the Czech Criminal Registry and a similar document from the state of which the foreigner is a citizen or in which the foreigner resided uninterruptedly for six months or longer, such as a document of criminal good conduct or a solemn declaration in the event that the state does not issue such docments - a document confirming the provision of accommodation in the territory How high of an amount is required for the means to reside? For the purposes of requesting a residence permit, the document guaranteeing the menas for permanent residence in the territory can be: - a document proving the possibility of spending a monthly amount at least twice that of the legal minimum required to live for personal means; - a document promising to provide the means to guarantee permanent residence in the territory from means provided by the public budget. Is it possible to request permanent residence sooner than after ten years of uninterrupted residence? According to 66 of the law on residence permits, after 8 years of uninterrupted residence in the territory on a long-term stay permit, the foreigner is authorized to request permanent residence if he or she is requesting it for the purpose of maintaining family life with a foreigner who possesses a residence permit, as long as the foreigner requesting the permit is: 1. married to the permanent resident for at least 5 years, 2. an adult child dependant on the care of the permanent resident, or 3. a single parent, older than 70 years of age, of the permanent resident. Without reference to previous, uninterrupted residence in the territory, a citizen is authorized to request a residence permit: a) who is requesting that this permit be issued for the purpose of maintaining family life with a citizen of the Czech Republic who is registered as a permanent resident in the territory, on the condition that the foreigner is: 1. the spouse of a citizen of the Czech Republic; 2. the parent of a minor or adult child without means of support who is a citizen of the Czech Republic, who has been entrusted to the care of the foreigner or with whom the foreigner shares a home; 3. the single parent, more than 70 years of age, of a citizen of the Czech Republic who is older than 18; 4. the minor child of a citizen of the Czech Republic; 5. the adult child of a citizen of the Czech Republic and said citizen is older than 70 and is single; 12

13 6. the person who has adopted a child who was once a citizen of the Czech Republic, or the foster parent of a child who is a citizen of the Czech Republic, in the case that the person has become the legal guardian of the child and the care of the child will take place in the territory; or 7. a minor child who was a citizen of the Czech Republic until the day of his or her adoption abroad; b) who requests that this permit be issued for humanitarian reasons or for other very clear reasons, especially if he or she is the spouse or the minor child of a person who has been granted asylum, or a child dependent on the care of a person who has been granted asylum, as long as he or she does not request asylum or was once a citizen of the Czech Republic; or c) whose residence in the territory is in the interest of Czech foreign policy; d) who is the minor or adult child without means of support of a foreigner who resides in the territory on the basis of a residence permit, if the reason the request is being made is the maintaining of family life of these foreigners. A single person is defined as someone who is divorced, single or widowed. For how long is permanent residence valid? Permanent residence is issued by the police for 10 years. It is possible to renew the permit repeatedly, always for a period of 10 years. The types of residence listed here are not exhaustive. The whole issue of foreigners residence in the Czech Republic is examined in much more detail in Law No. 326/1999 Coll., on the residence of foreigners. 13

14 2.4. Development of the refugee issue in the Czech Republic The Czech Republic began to become more familiar with the phenomenon of refugees shortly after the November revolution in The first refugees began to flow into the country from roughly the second half of The spectrum of states from which refugees in the territory of the Czech Republic arrived has continued to expand. In the first period the majority of asylum seekers were refugees from Bulgaria, Romania and the former Soviet Union. Recently, asylum seekers from Afghanistan, India, Iraq, Sri Lanka, and Vietnam have become more prevalent, but there are also refugees from the countries of Eastern Europe primarily Moldova, Russia and Ukraine as well as Slovakia. Asylum granted ( ) (statistics from the Department of Asylum and Migration Policy of the Czech Interior Ministry) As of May 31, 2003, asylum in the Czech Republic has been granted to 2337 people from 59 countries. In the year 2003 asylum was granted to 120 people. As a whole, most asylum seekers (474, that is, 23%) come from Romania, more than 260 asylum seekers come from Afghanistan, 175 from the former Soviet Union, more than 100 from Armenia, Russia (mostly refugees from Chechnya), Vietnam and Belarus. Citizens of Romania (and from the former Soviet Union) were most frequently granted asylum at the beginning of the 1990s, and at present this trend has sharply declined. At present the most successful asylum seekers are citizens of Russia (the overwhelming majority of which are refugees from Chechnya), Afghanistan, Belarus, Kazakhstan and Armenia. The most common citizenship of people granted asylum Romania Afganistan former Soviet Union Vietnam Russia Armenia Belarus Iraq Bulgaria Ukrajina former JSR Albania Bosna & Hercegovina Cuba Irán Yugoslavia former Zair Number of people with asylum granted according the year of decision

15 2.5. An overview of refugee assistance organizations in the Czech Republic Organization for Aid to Refugees/Organizace pro pomoc uprchlíkûm (OPU) Counselling Center for Refugees âhv /Poradna pro uprchlíky âhv (PPU âhv) Society of Citizens Assisting Emigrants/SdruÏení obãanû zab vajících se emigranty (SOZE) The Czech Catholic Charity/âeská katolická charita (Charita) United Nations High Commissioner for Refugees/Úfiad vysokého komisafie pro uprchlíky (UNHCR) Counselling Center for Integration/Poradna pro integraci (PPI) The International Organization for Migration/Mezinárodní organizace pro migraci (IOM) Organization for Aid to Refugees / Organizace pro pomoc uprchlíkûm (OPU) Palác YMCA, Na Pofiíãí Praha 1 tel.: , fax: opu@ecn.cz Organization for Aid to Refugees/Organizace pro pomoc uprchlíkûm was founded in 1991 as one of the first organizations concerned with aid to refugees arriving in this country. OPU focuses on activities that contribute to the independent life of refugees and help them to orient themselves in the host society; the organization tries to contribute to improving the living conditions of those participating in the asylum proceedings who are living in asylum facilities through various cultural and social activities, as well as to improve relations between the refugees and citizens of the Czech Republic. Social, psychological, legal and therapeutic programs are some of OPU s main activities. OPU also runs a legal clinic for refugees project, in cooperation with students of the Law Faculty in Prague; programs of vocational therapy; care for pregnant mothers who are refugees; and work with volunteers. Counselling Center for Refugees / Poradna pro uprchlíky (PPU) SenováÏná Praha 1 tel.: , fax: poradna@refug.cz, PPU operates and SOS phone line for foreigners in need/krizová linka pro cizince: sos@refug.cz This Counselling Center was founded in Its aim is to provide social, psychological and legal aid to refugees requesting asylum or permission to reside in the territory of the Czech Republic. It also monitors the treatment of refugees and the position of foreigners in the Czech Republic. The purpose of the organization s activity is to defend the human rights of people who have been granted asylum in the Czech Republic and help them to become fullfledged members of our society. The goal of PPU is to design and implement a functional system for the complete integration of recognized refugees (asylum recipients) in the Czech Republic. The focus therefore is on all aspects of the integration of those who have been granted refugee status, from work with individual clients to activities which attempt to influence policies and the societal atmosphere as far as refugees are concerned. 15

16 Society of Citizens Assisting Emigrants / SdruÏení obãanû zab vající se emigranty (SOZE) Mostecká Brno tel.: fax: sozes@mbox.vol.cz SOZE is a nongovernmental, nonprofit organization which provides legal, social and psychological advice to migrants requesting protection on the territory of the Czech Republic. In cooperation with the mayor s office of the City of Brno, it runs the Refugee Integration and Prevention of Racism and Xenophobia projects. The main groups for whom the projects are intended are asylum seekers, people who have been granted asylum, and also a significant portion of those refused asylum, as well as persons whom the government has provided with socalled temporary protection. This organization is especially active in Moravia and Silesia. The Czech Catholic Charity / âeská katolická charita Vladislavova Praha 1 tel.: fax: webmaster@charita The Czech Catholic Charity/âeská katolická charita association is a nonprofit organization which is part of the Roman Catholic Church. The main activity of the Charity is to assist those of our fellow citizens who have found themselves on the outskirts of society, such as single mothers with children, homeless people, the mentally and physically disadvantaged, Roma families, socially weak families, drug addicts, abandoned older people, prisoners, and people returning from time in prison. No less important is aid to migrants and refugees, for whom the Charity provides social and basic legal advice in eight cities in Moravia and Bohemia (Litomûfiice, Praha, Hradec Králové, PlzeÀ, Ostrava, Olomouc, âeské Budûjovice and Brno). The Charity also runs humanitarian warehouses at the borders, wardrobe services in the asylum facilities, accommodation centers for foreigners who have had their residence extended, recreational activities in the asylum facilities, and activities at interception facilities (Bálková in Bohemia, Po torná in Moravia). UNHCR / Úfiad Vysokého komisafie pro uprchlíky v Praze Námûstí Kinsk ch 6 P.O.BOX Praha 5 tel.: , fax: czepr@unhcr.ch The contact office of the UNHCR in Prague was founded in In the context of the UNHCR mission, the primary aims of the UNHCR contact office in Prague are the following: to arrange for the access of all participants in asylum/refugee status proceedings to correct and fair treatment during the procedure of evaluating their claim; to help those recognized as refugees to become members of Czech society; to help develop and build both nongovernmental and governmental institutions in the area of refugees; to participate in the preparation of new legislation concerning refugees and stateless persons in the Czech Republic in order to facilitate the harmonization of Czech legislation with international norms; to raise public awareness about the issue of refugees; to foster the 16

17 willingness of the public and their political representatives to provide refugees with protection and aid; to monitor and report on the situation of minorities and human rights in harmony with the UNHCR mandate (a preventative strategy). Counselling Center for Integration / Poradna pro integraci (PPI) SenováÏná Praha 1 tel.: , fax: ppi@iol.cz The Counselling Center for Integration/Poradna pro integraci is a nongovernmental, nonprofit organization concerned with assistance to people who have been granted asylum on the territory of the Czech Republic. The purpose of the organization s activity is to defend human rights of people who have been granted asylum in the Czech Republic and to help them to become fullfledged members of our society. The aim of the Counselling Center is to design and implement a functional system for the complete integration of recognized refugees (asylum recipients) in the Czech Republic. The focus, therefore, is on all aspects of integrating people who have been granted asylum, from work with individual clients to activities which aim to influence policies and the societal atmosphere where refugees are concerned. All of the activities serve the purpose of incorporating persons who have been granted asylum into their local community. The intention of the Counselling Center is to support the independence of clients and contribute to the development of their capabilities and awareness during the resolution of the most varied kinds of social problem, as well as the exercising of their civil rights. PPI has also opened community centers in the cities of Brno, Ústí nad Labem and Prague, and supports their activity. The International Organization for Migration / Mezinárodní organizace pro migraci (IOM) Dukelsk ch hrdinû 692/ Praha 7 tel.: , fax: prague@iom.int, iom@iom.cz The International Organization for Migration (IOM)/ Mezinárodní organizace pro migraci is an intergovernmental organization based in Geneva. On October 15, 1997, a Treaty on Cooperation between the Czech Republic and the International Organization for Migration (IOM) was signed in Prague. The Parliament of the Czech Republic expressed their agreement with this treaty and the President of the Republic ratified it. The treaty came into effect on November 1, The IOM mission in Prague considers its goal to be the execution of migration programs that are useful and worthwhile for the Czech Republic, for migrants who need assistance, and for any other relevant persons or entities. The programs especially concern the following areas: Repatriation Information campaigns Consultations concerning migration Technological cooperation Aid and assistance The aim of the programs is to cover the needs of refugees, deportees, stateless persons and other migrants who need assistance either in their country of origin, or in their host country. 17

18 3. ASYLUM PROCEDURE 3.1. Who is eligible for asylum in the Czech Republic? The reasons for which asylum can be granted in the Czech Republic are named in 12 and subsequent paragraphs of Law No. 325/1999, amended as Law No. 2/2002 Coll., on asylum. In 12 the law prescribes that asylum is granted to a foreigner if during the preceedings it is established that the foreigner: is being persecuted for exercising his or her political rights and freeedoms; has a well/founded fear of being persecuted for reasons of race, religion, nationality, membership in a particular social group, or political opinion in the country of his nationality, or in case of stateless persons, in the country of his former habitual residence. What constitutes persecution? Persecution is understood to be a threat to life or liberty, measures that cause psychological pressure, or any other similar behavior, as long as it is carried out, supported or tolerated in the state of which the foreigner is a citizen, or if that state is not capable of guaranteeing protection against such behavior. Relatives of the recognized refugee (a foreigner granted asylum under 12 or 14) are in certain special cases granted asylum for the purpose of family reunion, even if reasons for granting them asylum as per 12 were not established during the proceedings (see above). A relative is understood to mean: 1. The spouse of a refugee (on condition that the marriage predates the granting of asylum) 2. The unmarried minor children of a refugee 3. The parents of a minor refugee These people must remain on the territory of the Czech Republic and must have also requested asylum. Humanitarian asylum: asylum may be granted even should reasons as per 12 not be established during the proceedings (see above) in certain special cases (i.e., in completely exceptional cases) for humanitarian reasons Who is not eligible for asylum and what kind of claims will be rejected under the accelerated procedure (within 30 days)? Reasons which rule out the grant of asylum: Even if such reasons as listed in 12 are established during the proceedings, asylum will not be granted if a foreigner: - committed a crime against peace, a war crime or a crime against humanity within the meaning of international instruments which contain provisions on such crimes, 18

19 - committed a serious non-political crime outside the Territory prior to the filing of the proposal to bring asylum proceedings, or - is guilty of acts contrary to the principles and goals of the United Nations Organisation When can the claim for asylum be rejectedd? The claim for asylum is rejected as manifestly unfounded if the participant in the asylum proceedings: - states only economic reasons; - without serious reason submits incorrect information on his/her identity or nationality or refuses to state these information; - applies for asylum only to escape from a situation of general poverty; - in repeatedly submitted asylum application states similar fact as in his/her previous application or states other information which he/she must have known already at the time of the submission of his/her previous application; - arrived from a country considered by the Czech Republic as a safe third country or a safe country of origin unless it is proved that in this particular case the country cannot be considered as such; - holds more than one nationality and failed to avail himself of the protection of any of the country of his nationality unless he/she proves that he his unable to avail himself/herself of such protection for reasons stated in Art. 12; - does not state any facts indicating that he could be persecuted for reasons described in Art. 12; - states facts obviously inauthentic; - could have found an effective protection in another part of the country of his nationality, or in case of a stateless person in another part of the country of his last permanent residence when the fear of persecution obviously applies only to a part of the country; - with the intention to complicate the determination of the real state of facts he/she demolished, damaged or concealed his/her travel document or another important deed or with this intention submitted false or altered travel document or another important deed, or - submitted asylum application in order to avoid imminent expulsion or hand-over for criminal prosecution even though no objective reasons prevented him/her from applying for asylum earlier. The decision to reject a request as manifestly unfounded must be issued within maximum of 30 days after the beginning of the asylum procedure. It is possible to appeal this decision; appeals must be made within 7 days of receipt of the rejection. If the asylum seeker is not competent to perform legal acts. (i.e., if s/he is a minor) and is not accompanied by a legal representative, the request cannot be refused as manifestly unfounded. 19

20 3.3. How does the asylum procedure work? Who makes the decision to grant asylum? Asylum proceedings are handled by the Interior Ministry of the Czech Republic, Department of Asylum and Migration Policy. If a foreigner wants to request asylum in the Czech Republic, when, where should s/he go and what should s/he do? The first step before the asylum proceeding itself begins is the declaration of the intention to request asylum. This is an expression of the the foreigner s good will, from which it will be clear that the foreigner is seeking protection from persecution in the Czech Republic. This declaration can be made in writing or verbally in an affidavit. It is possible to make this declaration: through the police - at a border crossing - at a reception center - at the department of foreign and border police as long as the foreigner comes to the department voluntarily; - in a detention center*; or through the Ministry of the Interior, if the foreigner has been hospitalized, or is in jail serving a sentence, or has been detained. * The authorization for a foreigner to request asylum in a detention center expires 7 days from the day s/he is informed by the police that it is possible to request asylum on the territory of the Czech Republic. The police are to inform the foreigner of this possibility in a language which the foreigner understands. The police will arrange for a written record of this act, which the foreigner will sign. If the foreigner refuses to sign, or cannot write, that will be duly recorded. When the application for asylum must be submitted? An asylum seeker should make an asylum statement (proclaim that he/she wants to apply for asylum in the Czech Republic) as soon as s/he crossed the border. Any delay could result in imprisonment of an undocumented claimant due to his/her illegal presence on the territory of the Czech Republic. In general, delay also weakens the credibility of the asylum claim. Where are the asylum proceedings initiated? The asylum proceedings are initited by filing an asylum application on a specific form. Aliens who have made an asylum statement are authorized to file. The asylum application to bring asylum proceedings may be filed only in the reception centre. The Ministry shall without unnecessary delay invite an alien to submit the Application; in this invitation it shall determine the place and deadline for the submission of this application. Filing the request therefore initiates the asylum proceedings and from that time forward the foreigner is considered to be an asylum seeker. When filing the application it is necessary to submit one s travel document. 20

21 What kind of questions must be answered when requesting asylum? In addition to basic personal information (name, date and place of birth, sex), it will be necessary to answer the following questions, for example: 1. Your nationality (at birth, at the time of the proposal list them all and if you are not the citizen of any country, list the reason). 2. Ethnic origin which you declare. 3. Names of your father and mather, date and place of their birth 4. The languages you speak. 5. Maritial status 6. Number of dependants 7. List addresses (country, town, and street address) and length of stay at places wherer you stayed during the last 3 years prior to your arrival in the Czech Republic. 8. List documents you have at your disposal (passport and visa - type, number, expiry dateand any other documents proving your identity and their type, number, and expiry date). 9. Religious affiliation. 10. Are you or a member of your family a member of a political party or other organization, and which? Is that the reason for your proposal to bring asylum proceedings? 11. Where and when did you attend military service. 12. Highest level of education achieved, certificates of education. 13. Profession, professional skills. 14. Do you have, at present, any financial means (amount and currency); do you own real estate or other property (what kind and where); do you have the right to a pension or other social support (what kind, where); do you receive material assistance (what kind, from whom). 15. When and for what reason did you leave your homeland. 16. List when and where you stayed since you left your country before your arrival in the Czech Republic. 17. For what reasons do you claim asylum? 18. Did your relatives to whom you have anyobligations remain in your home country? 19. Where, when and how did you enter the territory of the Czech Republic? 20. Which countries did you cross and how long did you stay in these states? 21. State whether the Czech Republic is your final or a transit destination, and describe your ideasabout resolving your situation. 22. Have you been to the Czech Republic before, when and for what reason? 23. Have you made contact with the diplomatic mission of your home country during your stay abroad (where, when, why and with what results). 24. Have you claimed asylum before, and if so where, when, and with what result? 25. Have criminal proceedings been taken against you (where, when, for what reason and with what result)? 26. What is the state of your health? 27. On a separate piece of paper, describe your reasons for claiming asylum in the Czech Republic and other important circumstances which may support the reasons for filing the proposal to bring asylum proceedings this is an essential part of the asylum request. The requestor then signs a confirmation that s/he has been informed of his/her rights and responsibilities during his/her stay in the territory of the Czech Republic, including the right 21

22 to appeal for help to the Office of the United Nations High Commissioner for Refugees, and to contact other organizations concerned with the protection of refugees. Interview Later on after filing the asylum application, an interview is conducted by an authorized employee of the Ministry, mainly in the accommodation centre, in the presence of an interpreter who speaks either the claimant s mother tongue or a language in which he/she is able to communicate. Interpreting is paid for by the Ministry. The asylum seeker is obliged to come to the interview when the Ministry summons him/her. In some special circumstances the Ministry will arrange that the interview and the interpreting si provided by persons of the same sex. The purpose of the interview is to confirm all the essential information necessary to make a decision on the asylum application. In consideration of the importance of this phase of the proceedings, the claimant should submit all information and evidence that support his/her application so it is obvious that he/she fulfills the conditions for being granted asylum in the Czech Republic. Of course, it is also true that if the claimant makes a application, he/she should support that with evidence, if possible. Therefore, the claimant should provide the Ministry with all suggested pieces of evidence that support the claim (papers, pictorial records, or any other source of information; suggested witnesses). The Ministry is authorized to confirm all the data necessary for issuing a decision in the matter of asylum. The Ministry is required by law to take into consideration the protection of personal data of the asylum requestor. What happens if the claimant fails to appear for the interview? If the asylum seeker, without serious reasons, repeatedly fails to come to the interview or fails to provide information required for the actual status of things to be established in a reliable manner and a decision cannot be made on the basis of the facts submitted so far, asylum proceedings will be terminated. When can the proceedings be terminated or postponed? The proceedings will be terminated if the asylum seeker: - withdraws his or her asylum application; - dies; - repeatedly does not come to the interview without a serious reason for doing so, or does not provide information essential to the reliable confirmation of the actual state of affairs and it is not possible to issue a decision on the basis of the information received up to that point; - does not correct errors in the application within the time period established by the Ministry and the proceedings therefore cannot take place; - has also applied for asylum in another state at the same time; - illegally enters the territory of another state or tries to illegally enter the territory of another state. It is possible to postpone the proceedings: - if the participant cannnot take part in the proceedings due to health or other serious reasons of a long-term nature, for 90 days maximum; - for the time period necessary to correct errors in the application, for the maximum period of 14 days. 22