Author
Material reception conditions may be restricted or denied if the applicant:
- Does not reside in the Reception Centre for Applicants for International Protection in which accommodation has been provided to him or her;
- Stays outside the Reception Centre for Applicants for International Protection contrary the conditions referred in the LITP, i.e., stays for longer than 24 hours without the prior consent of the Reception Centre;
- Possesses means which provide him or her with an appropriate standard of living; or
- Violates the provisions of the house rules of the Reception Centre for Applicants for International Protection. [1]
On the basis of a case-by-case assessment, the Reception Centre for Applicants for International Protection shall issue a decision to restrict or deny some of the material reception conditions, which is proportionate to the aim pursued, taking into account the needs of applicants who require special procedural and/or reception guarantees and maintaining the dignity of the standard of living of the applicant. If the circumstances referred under abovementioned points (1) and (2) cease to exist, the Reception Centre has to issue a decision to revoke the decision entirely or partially. The lawsuit may be brought before the Administrative Court within eight days from the delivery of the decision. The Ministry of Interior has the right to request repayment of the costs of accommodation, including material damage incurred, in the cases prescribed in above mentioned points (3) and (4).[2]
According to the Ministry of Interior no decisions on reduction or withdrawal of reception conditions were issued in 2023.[3]
[1] Article 55(5) LITP and Article 4(1) Ordinance on the Realisation of Material Reception Conditions.
[2] Article 55(6)-(9) LITP.
[3] Information provided by the Ministry of Interior, 8 March 2024.