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Court review of actions and cassation complaints filed against decisions issued during administrative proceedings for granting international protection


It is possible to file an action against the Ministry of the Interior’s legally effective decision with the regional court that has jurisdiction over the area in which the alien’s registered address is located as of the date the action is filed.  The action must be filed within a period of fifteen days (or seven days in specifically defined situations) and has a dilatory effect. The law does not provide a dilatory effect only if asylum proceedings are discontinued pursuant to Section 25 of the Asylum Act and in the case of actions filed against decisions passed down pursuant to Section 16 (1)(d) and (1)(e) of the Asylum Act. While an action against a decision issued by the Ministry of the Interior is being processed, the alien maintains the position of an applicant for international protection; during the period between the time that the administrative decision becomes legally effective and the time the action is filed, the alien’s stay is governed by the Act on the Residence of Aliens.  During the specified period of time and if the action has a dilatory effect, the alien is considered to be an applicant for international protection with regard to the provision of healthcare, accommodations and necessary hygiene requirements. The Act also addresses the provision of healthcare to applicants for international protection. Healthcare is provided to applicants for international protection from the public health insurance system.

An alien has the right to file a cassation complaint with the Supreme Administrative Court in Brno against a decision issued by a regional court with regard to an action filed against a decision issued by the Ministry of the Interior on an international protection matter. Amendment No. 350/2005 Coll. to the Asylum Act provides a dilatory effect directly on the basis of the law (with the exception of cassation complaints submitted from an airport or in accordance with Section 46a).

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