Statelessness in Czechia | January 2024 • • • • • 22 Applicants have access to legal assistance; free legal aid is guaranteed to people in need Decisions are based on individual merits with reference to accurate country information Decisions are issued in written form, with reasoning Right to appeal is guaranteed and accessible in practice UNHCR and any national monitoring bodies have adequate access to monitor the procedure In Czechia, there are procedural safeguards in the procedure for determining statelessness. Stateless applicants are guaranteed the right to remain in the territory and are issued with an ID. However, some rights and safeguards are only guaranteed during an initial application, for example, the right to remain in the territory. Other rights include an interview, if necessary, and a free interpreter for all administrative actions. A decision must be issued within 6 months, or 12 months in complicated cases. Decisions (refusals and grants) are given in writing with reasons. The MoI’s decision comes into legal effect on the day it is delivered, and no administrative appeal can be filed against it. Only an appeal to the court is admissible but this does not have suspensive effect.44 This means that if the court does not grant the appeal, the applicant's presence on the territory is no longer permitted. Therefore, the person must specifically ask the court to grant suspensive effect when filing the appeal. The court should handle appeals against negative decisions on statelessness determination as a matter of priority.45 The competent court to hear these appeals is the regional court located in the individual's registered place of residence.46 The general rules of Administrative Procedure are also applicable in the procedure for determining statelessness. Applicants for statelessness determination do not have the same right to accommodation as asylum-seekers. However, courts previously ruled that “not admitting applicants for statelessness determination to an asylum seekers' accommodation centre is an unlawful action” and applicants should be admitted to an accommodation centre until a decision is made on their application.47 Stateless applicants are granted an ID that allows them to stay within the territory for the purpose of the proceedings, but this does not ensure health insurance. Health insurance is accessible only to those recognised as stateless and issued with a tolerated stay visa (see Section 3). This is despite a court ruling that access to healthcare should be granted to applicants while the statelessness procedure is pending, by analogy with the situation of asylum seekers.48 Czechia does not offer stateless applicants free legal aid in the procedure for determining statelessness, which sets it apart from the provisions for asylum-seekers in the international protection procedure. However, there are organisations that provide services, which may be accessed by stateless people (see Section 11). 44 Section 170g para. 5 of the Immigration Act Section 172 para. 11 of the Immigration Act 46 Section 172 para. 7 of the Immigration Act 47 Czech Republic - A.K. and E.K. v. Ministry of Interior, 26.10.2020. Available at Case Law Database. 48 Municipal Court Prague decision Nr. 14 A 131/2020. Available at Case Law Database. 45