Administrative expulsion is an involuntary termination of residence of a foreigner in the territory of the Czech Republic for sanction reasons. This may include administrative expulsion from a temporary stay in the territory, or the expulsion of a foreigner with a permanent residence permit. In the Foreigners’ Residence Act the administrative expulsion is defined as the termination of the foreigner’s stay in the territory, which is related to the determination of the time of departure from the territory and the time when the foreigner can´t be allowed to enter the territory (this period is set by the expiration date).
Types of administrative expulsion:
1) Administrative expulsion from temporary stay in the territory
The decision on administrative expulsion is issued by the police and stipulates the period for which the foreigner may not enter the territory of the European Union. A foreigner is also included in the EU information system.
- Up to 10 years, if there is a threat that a foreigner would endanger the security of the state or if there is a danger that the foreigner would seriously interfere with public order.
- Up to 5 years, if he / she has a counterfeit, stolen or invalid document if he / she is employed without a residence permit or without a work permit, if he / she does not control or crosses the state border in the hiding place or outside the border crossing.
- Up to 3 years if there is no travel document, no visa, if the administrative procedure is affected by false information, or if its surroundings are at risk of a serious illness.
2) Administrative expulsion of a foreigner with a permanent residence permit
The police issue a decision on the expulsion of a foreigner and determine the length of time the foreigner is not allowed to enter the Czech Republic.
The expulsion period may be 10 years if the foreigner could endanger the security of the state or if there is a serious breach of public policy. Expulsion for 3 years may be provided if the alien fails to comply with the obligations imposed by law.
In justified cases, a travel period of between 7 and 60 may be set days. The upper limit of this deadline is relatively high due to the requirements of European law. This is due to the return directive, in which the upper limit of the departure time of only 30 days is sufficient. However, the time for travel is not stipulated if the foreigner is situated in detention centre. In justified cases, a decision may be taken to set a border crossing point for the territory.
Thus, administrative expulsion in essence means terminating the stay of a foreigner in the territory of the Czech Republic on the basis of a decision of the Foreign Police Department. If the foreigner is granted this decision, he / she shall also set a time limit within which he / she is not allowed to reside in our country. Expulsion is not a means of punishment for a crime committed on our territory (see expulsion), but they are in breach of residence laws to varying degrees.
Within a period of 5 days from notification, appeals against a removal order may be appealed. If an appeal is dismissed, it is also possible to bring an action within 10 days. However, if he was deported illegally in the territory, this action can´t be brought.
