Second-instance authority: regional court
The court reviews whether the Ministry of the Interior processed your case properly and within the limits of the law, considered all relevant facts that emerged during the procedure, substantiated the decision properly, conducted your interview appropriately, and respected your rights. During this process, you can submit additional evidence, but it must be provided in Czech at this stage. You may be represented at the court by an advocate or a SIMI lawyer to whom you have granted power of attorney. You are entitled to an interpreter; however, you must request this service in advance.
If you wish to be represented by an advocate and cannot afford one, you may apply to the court for a free legal representative (ex officio). The court will send you a form, which must be completed and returned by the deadline set by the court. The court will then determine whether you qualify for this assistance. You have the right to attend court proceedings in person, but you must inform the court of your intention to do so.
The court will either cancel the Ministry’s decision, returning your case to the first-instance procedure, or dismiss your action. If the action is dismissed, you must go to the Department for Asylum and Migration Policy (OAMP) of the Ministry of the Interior, return your international protection applicant card, collect your passport (if you surrendered it when filing your application), and receive a departure order. You may file a cassation complaint with the Supreme Administrative Court within two weeks of receiving the court’s decision. The cassation complaint has a suspensive effect if the original action also did. This marks the start of the third-instance proceedings. If you were represented in the proceedings by someone holding power of attorney, the court’s decision will be sent to them. It is therefore crucial to maintain communication with your legal representative. During the entire court process, you may continue to live in a residential centre or private accommodation. Any changes to your address must be reported to the court to ensure that all correspondence reaches you.
Throughout these court proceedings, you remain covered by public health insurance.