Proceedings for international protection commence in when you apply for international protection, to the police or directly to the Interior Ministry officials. Then You will be interviewed and there may be more. During the process, it is important that you know that:
- you have the right to an interpreter from the language in which you are able to communicate
- if you have the impression that the interpreter does not translate correctly, do not be afraid to tell officials of the Ministry of the Interior
- if you do not understand, do not be afraid to ask
- do not allow yourself to push into any statements that are untrue or do not exactly match your situation
- do not sign anything that you do not understand and what you were not properly translated into
During interviews, it is important that you give the reasons that led you to the truth leaving your homeland, and not giving false personal data. Do not make stories that you have heard from other people and that are not based on your personal experience and do not have Your true reasons for leaving the country has no connection. If you have any documents or other evidence that confirms the information you submit, you must submit it to the ministry staff. If you do not have such documents, in the near future you can get them, notify the staff of the Ministry. You have the opportunity to inspect the file kept by the Ministry for the entire length of the proceedings and to supplement this file with other documents confirming the truth of your claim. The information you submit to the Ministry of the Interior as well as the fact that you are in the Czech Republic applied for international protection, the authorities in your state will not hear from the Czech authorities. The proceedings before the Ministry of the Interior before the first decision is the most important stage in the case proceedings for the grant of international protection. Therefore, it is important that you are as proactive as possible and come to the invitation of the Interior Ministry to interviews. You can also monitor the situation in your country, for example, on the Internet in the case of an article or other report that relates to your case or the reasons why you left the country, you can also use documents that are in Your or other language.
The legal basis for international protection is the Convention on the Legal Status of Refugees, the Asylum Act and more.
Right to legal aid
Legal representation is not obligatory in proceedings before the Ministry of the Interior and the Regional Court. In case you want to be represented in the proceedings, you can use several options:
- Represented by a lawyer of the non-profit organization as OPU is (Organization for Aid to Refugees). This assistance is free and its scope depends on the choices and concerns of the addressed organization.
- You may be represented by a lawyer who is either:
- a) You pay for yourself
- b) ask the court for a free lawyer to be appointed as a lawyer. The court can give you a free lawyer if you prove that you have not enough money to pay a lawyer.
In this regard, we would like to point out that in a large number of lawyers there is no experience with asylum procedures and foreigners. So consider when you want to hire a lawyer who will pay for the services. In case of representation by a lawyer or other lawyer, your cooperation with you is necessary.
During court proceedings before a regional court, you will be asked to state whether you want to take part in legal proceedings. In case you do not respond to the letter, the court decides without a public hearing. The court’s decision should not be dependent on whether or not you will participate in the hearing. It is good to go to court especially if:
- you have a lawyer;
- At the time your case was heard by the court, you actively supplied the add-on to the file.
In proceedings before the Supreme Administrative Court, representation by a lawyer is mandatory by law. The Supreme Administrative Court does not regulate the public hearing and decides without the participation of the participants. The attorney can again:
- a) pay themselves;
- b) if you do not have enough funds, you will ask the court for a free lawyer to be appointed as a lawyer. The court will give you a free lawyer if you prove that you have not enough money to pay the lawyer.
Asylum or supplementary protection can only be granted by the Ministry of the Interior, not courts. Only the decisions of the previous instance can be cancelled and the case returned to the next proceedings.
All important documents (an action, a cassation complaint, etc.) must be sent by registered mail if you do not personally hand it over to the administrative authority or court. If you pass the document in person, leave a stamp date on the copy. If any of them would be lost by a post, it is proof that you have actually sent and / or forward / and if it was necessary to meet the deadline, that you have sent it or submitted it within the time limit.
