Author
First country of asylum is a ground for inadmissibility. Article 11(1)(a) of the Asylum Act provides that the MO shall reject the application submitted by the applicant who has been granted asylum in a country that is not a member of the EU, and the applicant may use the provided protection effectively. The application cannot be rejected as inadmissible if the applicant may not effectively return to the first country of asylum.[1] The provision makes an explicit reference to asylum based on the 1951 Geneva Convention; for that reason, the application may not be rejected as inadmissible on this ground if the applicant has been provided with subsidiary, other form of international protection or “sufficient protection” in a third country.[2]
In 2025, the MO did not issue any decision rejecting an application as inadmissible under Article 11(1)(a) of the Asylum Act.[3]
[1] Article 11(1)(a) of the Asylum Act.
[2] Hrnčárová N., Meššová B., Srebalová M., and Macková D., Zákon o azyle: Komentár. 1st Ed. Praha: C. H. Beck, 2012, p. 142.
[3] The Response of the MO to a request for information submitted on 11 March 2026.