Author
National forms of protection
Former national humanitarian asylum
In the Czech Republic, there used to be a national form of protection called ‘national humanitarian asylum’ (národní humanitární azyl).[1] However, this form of protection was cancelled on 1 October 2025 due , according to the explanatory memorandum, to further harmonization efforts regarding asylum procedures in the EU. This protection status would cover applicants for international protection who did not fulfill the conditions to be granted refugee status, whenever the MoI found it was a case worthy of special consideration. The national humanitarian asylum status was granted very rarely, mostly to applicants with serious health problems.
The procedure was the same as the regular asylum procedure. In this sense, within its framework, the MoI automatically (without the applicant having to request it) assessed the possibility of granting national humanitarian asylum, if refugee status was not granted. Due to the fact that the possibility of granting national humanitarian asylum was assessed within the regular procedure, there was no possibility for rejected asylum applicants to expressly apply for this form of protection after their asylum application was rejected.
The rights attached to national humanitarian asylum were identical to those of refugee status, with the exception that the beneficiary could not obtain the EU long-term resident status or the refugee passport (i.e., only the aliens’ passport).
Tolerance visa
Foreigners with a decision ordering an administrative expulsion, who cannot be returned, can apply for a special kind of tolerance visa (vízum strpění).[2] Reasons making return impossible are defined as reasonable concern that the return to the country of origin would be contrary to articles 2 to 6 of the ECHR.[3] It is a visa in the regime of the Immigration Act, with no connection to the asylum procedure. Currently, this kind of visa is widely used in cases of Ukrainian nationals with an administrative expulsion order, who cannot return due to the war. The visa is tied to the expulsion decision and the impossibility of return and, therefore, once the situation in the country of origin changes and the return becomes possible again, the visa shall be terminated. The visa will also terminate if the expulsion decision is revoked.
International protection for the purpose of family reunification
Another national form of protection in the Czech Republic, which is currently applicable, is the asylum and subsidiary protection for the purpose of family reunification.[4]
This protection can be granted to family members of recognised refugees or beneficiaries of subsidiary protection already present on the territory of the Czech Republic and that have applied for international protection themselves, if there are no grounds for granting international protection to them but the case is worthy of special consideration. This is automatically reviewed by the MoI within the framework of their own asylum procedure. After the MoI finds that neither asylum nor subsidiary protection can be granted, it considers the possibility of granting asylum or subsidiary protection for the purpose of family reunification.
In practice this is widely used, for example, in cases of spouses and minor children of a recognised refugee, who will receive asylum for family reunification if they apply for international protection, even if they do not have grounds for granting them asylum.
The rights attached to this status are identical with international protection. The only difference is that this protection can cease, if the ground for family reunification ceases to exist and the MoI concludes that there is no other reason worthy of special consideration to keep this protection.[5]
This status is not to be confused with the regular EU rights for family reunification according to Directive 2003/86/ES, which in the Czech Republic are part of the Immigration Act (see Content of International protection – Family Reunification). The scope of family members differs somewhat, but the main difference lies in the procedure. Application for family reunification according to the Immigration Act must be submitted to the Czech embassy in the country of origin and the applicant has to fulfil certain conditions. Meanwhile, the application for asylum must be submitted on the territory and the conditions are only family relations and a case worthy of special consideration (which, in practice, all close genuine family relations fulfil). The family members can choose if the apply for standard family reunification or for asylum.
Return procedure
The asylum procedure and the return procedure are two separate administrative proceedings, conducted by two separate bodies (i.e., the MoI in the case of the asylum procedure, and the Immigration Police in the case of return procedures).
The return decision is not issued jointly with the asylum rejection decision. Once the negative asylum decision, or a decision dismissing the application as manifestly unfounded, or a decision to discontinue the proceedings, has been issued and has become final, the applicant is issued a departure order (in the form of a visa label in the passport) by the MoI (usually valid for 30 days), on the basis of which they are expected to leave the territory of the Czech Republic. If the applicant does not leave within this time limit, a return decision can be issued by the Immigration Police.
A return decision can be either the obligation to leave the territory,[6] or administrative expulsion.[7]
An obligation to leave the territory of the EU (and Island, Lichtenstein, Norway and Switzerland) means that the foreigner’s stay on the territory was unlawful, but the administrative expulsion is not necessary. It is not connected with an entry ban, so the foreigner can enter the EU again as soon as they have received a visa, residence permit or a visa-free stay.
Administrative expulsion, on the other hand, is a return decision connected with an entry ban, meaning a period for which the foreigner is forbidden to stay in the territory of the EU in the future. This is recorded in the SIS.
According to the SAC, it is not possible to conduct the return procedure during the asylum procedure. In its decision ref. No. 5 Azs 50/2021 – 45, of 8 December 2023,[8] following the conclusions of the judgment of the Grand Chamber of the CJEU of 9 November 2023, C-257/22 CD, it concluded that, if a foreigner applied for international protection, the Foreign Police cannot conduct the administrative expulsion procedure simultaneously. Only after the negative decision on the asylum application was issued by the MoI, can the decision on administrative expulsion be issued.
[1] Section 14 of the Asylum Act, as in force until 30 September 2025.
[2] Section 33(3) and 120a of the Immigration Act.
[3] Section 179 of the Immigration Act.
[4] Section 13 and 14b of the Asylum Act.
[5] Section 17 (3) of the Asylum Act.
[6] Section 50a of the Immigration Act.
[7] Section 119 of the Immigration Act.
[8] SAC, judgement No 5 Azs 50/2021 – 45, 8 December 2023, available in Czech here.