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Second instance determination - Czech Republic
Last updated on 18/11/2024

***Note that the information provided for this country was not reviewed by the EUAA Courts and Tribunals national contact point.

 

An appeal against a decision of the Ministry of the Interior (the Department for Asylum and Migration Policy) may be filed with the regional court in the jurisdiction where the asylum applicant has a registered address. The court carries out a full examination of the case in fact and law and can either confirm the decision of the administrative body or cancel it and refer it to new administrative proceedings. There is no possibility to lodge a second appeal.

An extraordinary remedy against the regional court decision is a cassation appeal lodged before the Supreme Administrative Court.

The relevant legal provisions concerning the first appeal in asylum cases for status determination are included in Section 32 of Act No 325/1999, Asylum Act.

A decision is considered final when the time limit to appeal a decision or judgment has expired or when there is no further possibility for an appeal (Section 74(1) and (2) Code of Administrative Procedure, 500/2004 Coll, and Articles 2(1)(b), 54(2) and 85 Act No 325/1999, Asylum Act).

Any possibility for a constitutional complaint before the Constitutional Court (Ústavní Soud) would follow the general rules for constitutional complaints.