Author
Asylum seekers are informed of the reasons for their detention and legal challenges available in the detention order. The detention order is handed over to the asylum seeker in person by the MoI or Immigration Police officer in the presence of an interpreter (as the order as such is in Czech). However, as a matter of practice, the worker should summarize the reasons for the detention and the legal challenges available which are hereafter interpreted to the detainee by the interpreter. It is not clear to what extent this practice is followed in each case. In some cases, the Immigration Police gives the detainees a list of NGOs providing legal assistance to foreigners together with the detention order.
Additionally, asylum seekers are informed about their right to legal assistance by the social workers in the detention centre during their intake interview with the social worker which also takes place in the presence of an interpreter.[1] Moreover, in each detention facility there is a bulletin board with leaflets and brochures in several languages explaining the typical reasons for a person’s detention, the legal challenges available, the right to legal assistance and other rights and duties of the detainees.[2] These leaflets also explain when a lawyer is present in the detention centre and how a person can register for legal counselling.
National legislation provides for a judicial review of detention.[3] However, this review is not automatic but has to be always initiated by the individual, even in cases of prolonged detention. In theory, both the MoI and the Immigration Police are required to examine whether the reasons for the detention of the individual continue to exist throughout the duration of the detention.[4] However, it is not clear whether and how this examination is carried out in practice in each case. The detainees do not receive any information on the result of this examination.
The competent courts to review the detention order are the administrative courts, sitting in a single-judge chamber.[5] The judicial review has to be requested within 15 days from receiving the detention order.[6] The foreigner can send the lawsuit either directly to the court, or to the MoI or the Immigration Police who issued the decision. If the lawsuit is submitted with the MoI or the Immigration Police, the MoI or the Immigration Police forward the lawsuit, their reply to the lawsuit and the administrative file to the court within 5 working days.[7] If the lawsuit is submitted with the court, the court requests the MoI or the Immigration Police to present their reply to the lawsuit and the administrative file to the court within 5 working days. The court will decide on the lawsuit within 7 working days from receiving the administrative file.[8]
If the court annuls the detention decision, the Immigration Police or the MoI are obliged to release the detainee upon the pronunciation of the judgement.[9] In practice, a short version of the judgement appears on the digital notice board of the court on the same day the judgement is pronounced. The courts also usually inform the Immigration Police or the MoI per email. After that, the court should produce a full judgement in writing including reasoning within maximum 1 month.[10] The detainee has the option to file a cassation complaint with the SAC within two weeks from receiving the judgement of the Regional Court.[11] There are no specific deadlines for the proceedings before the SAC.
Additionally, detainees can request an administrative review called ‘request for release’.[12] This request is submitted directly with the MoI or the Immigration Police who issued the detention order. The detainee can submit this request no earlier than 15 days after the date of entry into force of the last decision of the MoI, the Immigration Police or the court regarding their detention, whichever is later. The MoI has to decide on this request within 5 working days.[13] If the decision on this request is negative, it can again be challenged in court in the same manner as a detention order.
In some cases, OPU noted delays in the Immigration Police or the MoI forwarding the case file with their reply to the lawsuit. In some cases, this was not carried out in the legally required 5 working days.
The limits for pronouncing the judgement within 7 working days are generally respected by the regional courts. In some cases, OPU noted delays in producing the full judgement including its reasoning, which prevented the detainees from taking further legal steps in the procedure (submitting the cassation complaint, or alternatively submitting a request for release).
[1] Section 131 of the Immigration Act
[2] Ibid.
[3] Section 46a(7) of the Asylum Act.
[4] Section 46a(10) of the Asylum Act, section 126 (a) Immigration Act.
[5] Section 31(2) of the Administrative Justice Code.
[6] Section 172(4) of the Immigration Act.
[7] Section 172(4) of the Immigration Act.
[8] Section 172(5) of the Immigration Act.
[9] Section 127 (1)(b) of the Immigration Act; section 46a(13)(c) of the Asylum Act.
[10] Section 54(3) of the Administrative Justice Code.
[11] Section 106(2) of the Administrative Justice Code.
[12] Section 46a(10) of the Asylum Act; section 129a of the Immigration Act.
[13] SAC, judgement No 7 Azs 119/2025-17, 14 August 2025, available in Czech here; Regional Court in Ostrava, judgement No 62 Az 5/2023-21, 14 March 2023, available in Czech here.