International protection procedure
The procedure for granting international protection begins when you submit an application to the police or directly to the staff of the Ministry of the Interior. After this, you will be interviewed, possibly multiple times. During the entire procedure:
- You have the right to an interpreter in a language you can communicate in.
- If you feel the interpreter is not translating your words correctly, do not hesitate to inform the Ministry officials.
- If you do not understand something, do not hesitate to ask for clarification.
- During the interview(s), do not feel pressured to make any statements that are not true or do not reflect your situation accurately.
- Do not sign any document you do not fully understand or that has not been properly translated for you.
- You have the right to obtain a copy of the interview protocol or take a photo of it.
During the interview(s), make sure to:
- Provide truthful reasons for leaving your homeland.
- Avoid giving any false personal information.
- Refrain from sharing stories you have heard from others that are not based on your personal experience and are unrelated to your actual reasons for leaving your home country.
If you have any documents or other evidence with you that can confirm the information you have provided, present them to the Ministry staff. If you do not have such documents but can obtain them in the near future, inform the Ministry staff.
During the entire procedure, you can access the file maintained by the Ministry and add any additional documents that support the veracity of your statements. Czech authorities will not share any information you provide to the Ministry of the Interior, nor will they disclose the fact that you have applied for international protection in the Czech Republic, to the authorities in your home country.
The procedure at the Ministry of the Interior before the first decision is the most important stage in the process of granting international protection. Therefore, it is important to be as active as possible and attend all interviews you are invited to by the Ministry of the Interior. You can also monitor the situation in your home country online and add articles or reports relevant to your case or the reasons for leaving your country to the Ministry’s file.
Legally, the status of international protection is governed by the Convention relating to the Status of Refugees, the Asylum Act, and other applicable provisions.
Right to legal assistance
Legal representation is not required during proceedings at the Ministry of the Interior or a regional court. However, if you wish to have legal representation, you have the following options:
- A lawyer provided by a non-profit organisation (such as SIMI). This assistance is free of charge, and its extent depends on the resources and discretion of the organisation you contact.
- A lawyer who is either:
A. Hired by you at your own expense.
B. Appointed to you by the court free of charge upon your request. The court may allocate a free advocate if you can prove that you lack the means to pay for legal services yourself.
Note that many advocates have no experience with asylum procedures and issues related to foreigners. Therefore, carefully consider whether you really want to hire a lawyer at your own expense. If you choose to be represented by an advocate or another lawyer, your active cooperation with them will be necessary.
During the proceedings, you can submit additional documents to the file to support your statements. Be aware that for court proceedings, such documents must be translated into Czech.
During proceedings at a regional court, you will be asked to indicate whether you wish to attend the court hearing. If you do not respond, the court will rule without a public hearing. While the court’s decision should not depend on your attendance, it is recommended that you attend, especially if:
- You have a lawyer.
- You have submitted additional documents to the file during the court’s review phase of your case.
During proceedings at the Supreme Administrative Court, legal representation is mandatory by law. The Supreme Administrative Court does not hold oral hearings and rules without the participants. As a participant, you have the following options:
A. Hire a lawyer at your own expense.
B. Request the court to appoint a free attorney if you lack the financial means. The court may grant this request if you can prove that you are unable to pay for legal services.
Asylum or subsidiary protection can only be granted by the Ministry of the Interior, not by any court. Courts can only overturn the decision of a lower instance and return the case for further investigation.
All important documents (such as legal actions, cassation complaints, etc.) must be sent as registered mail unless you submit them in person to the administrative body or court. If you submit documents in person, request a copy with a date stamp. In the event that any document gets lost, this serves as proof that you submitted or sent it and, for time-sensitive matters, that you did so within the required timeframe.
- Click below to download an information sheet
