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CZ: The Supreme Administrative Court allows urgent interim measure to continue providing accommodation during COVID-19 emergency to a family who had lost asylum applicant status

Input Provided By
EUAA Courts and Tribunals Network
Other Source/Information:
Referral to the CJEU
Original Documents
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR);
Czech Republic, Supreme Administrative Court [Nejvyšší správní soud], T. K. and Others v Ministry of the Interior (Ministerstvo vnitra), 5 Azs 70/2020-32, 20 March 2020. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
Case history
Related cases:

According to the contribution of the EASO Courts and Tribunals Network:

The Supreme Administrative Court issued an urgent interim measure by which it ordered the Ministry of Interior to continue providing accommodation in an asylum centre to a family of applicants from Kirgizstan with 3 minors although normally they would not be entitled anymore to receive accommodation. They had lost their status of applicants for international protection with the dismissal of their action for annulment against the negative administrative decision by the first instance administrative court.

Subsequently, they brought the case to the Supreme Administrative Court. During the proceedings before the Supreme Administrative Court former applicants are generally entitled by law to remain on the territory of the Czech Republic until the final decision of the Court, but they are not entitled to further accommodation in an asylum centre.

The Court justified its order for interim measure by the exceptional circumstances of the state of emergency in the Czech Republic (declared at that time as a response to the Covid-19 pandemic) where, due to a number of restrictions to the freedom of movement and provision of services imposed on all inhabitants, it would have been very difficult or virtually impossible for the applicants to find another accommodation and their eventual voluntary return to the country of origin was at that time completely excluded.

Country of Decision
Czech Republic
Court Name
CZ: Supreme Administrative Court [Nejvyšší správní soud]
Case Number
5 Azs 70/2020-32
Date of Decision
Country of Origin
COVID-19/Emergency measures