not been made pursuant to the provisions of the relevant resolutions made by
the United Nations General Assembly, the provisions of this Act shall apply
to her/him. According to the above stated therefore, the administrative body
has carefully considered the application of the above-mentioned, and after
conducting an administrative procedure had concluded that the applicant
does not fulfill the requirements for being granted asylum according to article
12(a), (b) of the Asylum Act, which had been duly justified above.”
The asylum seeker has not appealed against the decision of the Ministry of
Interior, stating that the most important thing for him was to reunify with his family,
and he feared the administrative bodies would refuse his family’s application for
visas if he filed an appeal.
The asylum seeker’s family had applied for a long-term visa for family
reunification at the Czech Embassy in Beirut. It was filed by a proxy due to the
hardship Palestinian refugees (especially a woman with 3 minor children) faced
traveling to Lebanon from Syria. The Czech Act on the Residence of Foreigners
states that the Embassy and the Ministry of Interior may waive the obligation to file
the application in person in justified cases. The family requested a waiver, as they
could not legally travel to Beirut at the time. The Czech Embassy in Beirut informed
the asylum seeker that the embassy would not consider the application unless his
wife and children filed the application for a long-term visa in person at the Czech
Embassy in Beirut.
A.M., male, 24 years old, Palestinian refugee born in Syria (2 October 2013)
The asylum seeker left Syria because he feared that he would have to fulfill
compulsory military service. He had been kidnapped by rebels in Syria and threatened
because they believed he was supporting the Syrian president. At the same time, he
had been threatened by the supporters of the president because he refused to make
a speech on air supporting the president. He submitted his ID to the Ministry of
Interior, which stated that he had a residence permit in Syria as a Palestinian refugee,
and a statement explaining how El Kott applied to his case.
He received a decision from the Ministry of Interior on 2 October 2013, granting
him subsidiary protection for 24 months, giving the same reasoning as in the above
two cases concerning the application of Article 15(3)(a) and Article 12(a)(b) of the
Asylum Act.
The asylum seeker appealed the decision to the Regional Court, in which he
argued that the Ministry of Interior interpreted Article 15(3)(a) wrongly under El
Kott, and that he should have automatically been granted asylum under Article 1D.
The Regional Court in Hradec Kralove refused the appeal on 6 June 2014, stating
that the asylum seeker stated in his application for international protection that
the main reasons for which he left his country of origin were to avoid compulsory
military service, to continue in his studies, and he feared returning to his country
of origin because of compulsory military service and the worsening security
Survey of Protection at the National Level
109
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