required to leave the Czech Republic. Appeals generally have suspensive effect, i.e.,
the contested decision does not have any legal effect while the appeal is pending.
However, this is not automatic in certain circumstances such as: if the application
has been found inadmissible; if the applicant comes from a safe country and has
not sought protection in that country; or if the asylum seeker holds more than one
citizenship and failed to avail himself or herself of the protection of any of the
countries of which he or she is a citizen, unless the asylum seeker proves that he or
she could not avail himself or herself of such protection for reasons for which asylum
or subsidiary protection can be granted. In such cases, in order to suspend an exit
order pending appeal, the applicant must apply to the regional court.532 Generally, the
asylum seeker is in a position of a beneficiary of subsidiary protection throughout
the appeal procedure.533 Complaints to the Supreme Administrative Court in general
have suspensive effect. There is an exception to this rule if the cassation complaint is
filed by an asylum seeker staying at one of the reception centers at the time of filing
the complaint.534
6. Protection under the Statelessness Conventions
The Czech Republic is Party to the 1954 Convention and the 1961 Convention;535
however, there is no procedure by which stateless persons can obtain a right to
residency under these Conventions.536 Stateless persons are eligible for Czech
citizenship in certain circumstances (see Section 5, above).
7. Links
•
•
•
•
•
•
•
•
•
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Ministry of Interior: www.mvcr.cz
Refugee Facility Administration: www.suz.cz
Ministry of Labor and Social Affairs: www.mpsv.cz
Organization for Aid to Refugees: www.opu.cz
Association for Integration and Migration: www.migrace.com
Association of Citizens Looking after Emigrants: www.soze.cz
Counselling Centre for Integration: www.p-p-i.cz
Caritas Czech Republic: www.charita.cz
Deaconry of the Evangelical Czech Brothers Church: www.diakonie.cz
Centre for Integration of Foreigners: www.cicpraha.org
532
European Database of Asylum Law, “EDAL Country Overview - Czech Republic.”
Information provided by Beáta Szakácsová.
534
Ibid.
535
UNTC, “Status of Treaties: Convention Relating to the Status of Stateless Persons;” UNTC, “Status of
Treaties: Convention on the Reduction of Statelessness.”
536
Ibid.
533
112
Handbook on Protection of Palestinian Refugees
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