5. Refugee Status Determination Process: Outcome
Persons recognized as refugees are granted permanent residence in the Czech
Republic and provided with a refugee travel document.526
Persons granted subsidiary protection are given residence for a minimum of 12
months; this can be renewed if the circumstances under which it was granted continue
to persist; on renewal, residence will be granted for a minimum of 24 months. After 5
years of residence with subsidiary protection, permanent residence can be granted.527
In general, it is possible to apply for citizenship after 5 years of permanent
residence in the Czech Republic, but the Ministry of Interior can make an exception
to this length of time for stateless persons or persons who have been granted asylum
in the Czech Republic. There is no legal entitlement to be granted Czech citizenship
in case of an application, and the decision depends on the Ministry of Interior.528
However, Czech citizenship is automatically granted at birth to a child born on
the territory of the Czech Republic, if s/he would otherwise become stateless, if both
parents are stateless and at least one of them has been granted a residence permit in
the Czech Republic for more than 90 days.529
After being granted status, refugees and beneficiaries of subsidiary protection
can enter into the State Integration Program. They can apply for accommodation in
one of the Integration Asylum Centers for up to 18 months. Consequently, they can
rent an apartment, where they are entitled to a financial contribution by the state.
Beneficiaries of international protection are also entitled to free language courses
after entering the State Integration Program. Recognized refugees and beneficiaries
of subsidiary protection can work without a work permit, just as Czech citizens do.
They can register at the labor office if they are unemployed and the labor office
should pay the insurance fee for them. Medical aid and free legal aid are accessible
but might be limited to assistance with family reunification and concerning other
fundamental rights.530
If a negative decision is reached, the applicant has the right to appeal an adverse
decision to a regional court. Appeals must include the legal and factual reasons why
the decision was unfounded. If the regional court rules against the alien, the asylum
seeker can file a cassation complaint to the Supreme Administrative Court. However,
the cassation complaint will be considered on the merits only if the significance of
the cassation complaint substantially exceeds the asylum seeker’s personal interests.531
If no appeal is filed, an exit order will be issued and the applicant will be
526
European Database of Asylum Law, “EDAL Country Overview - Czech Republic,” accessed November
18, 2014, http://www.asylumlawdatabase.eu/en/content/edal-country-overview-czech-republic#RS.
527
Ibid.
528
Information provided by Beáta Szakácsová.
529
Ibid.
530
Ibid.
531
Ibid.
Survey of Protection at the National Level
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