Czechia to tighten migration rules, which could lead to tougher measures against foreigners
Asylum and migration rules are likely to become stricter. On Wednesday, the Senate approved an amendment that, according to its coalition sponsors, aims to improve oversight of the movement and residence of asylum seekers and migrants. The changes are also intended to accelerate international protection proceedings and curb their abuse. The bill, based on the European Union’s migration pact, will now be sent to the president for signature.
According to the amendment, authorities will be able to take tougher action against foreigners in the event of repeated serious offenses.
The law responding to the influx of Ukrainian refugees following Russia’s full-scale invasion will also change. The state will continue to be able to reject applications for temporary protection from Ukrainian refugees who already have, or have had, such protection in another EU country.
According to Interior Minister Vít Rakušan, tackling illegal migration remains a priority for Czechia and the EU as a whole. "A number of European countries are taking more effective measures against illegal migration," he told senators.
According to the minister, Czechia cannot lag behind in such a situation. However, ANO Senator Jana Mračková Vildumetzová accused the minister of introducing the bill only because he approved a migration pact for Czechia two years ago that required member states to show solidarity with migrants. "You are using the law to put out the fire that you started," she said.
Identification from mobile phones
The draft assumes, for example, that if a foreigner is expelled, they will no longer be able to apply for asylum, which should prevent the submission of opportunistic applications for international protection. If another member state decides on expulsion, no further decision will be made in Czechia.
The proceedings for not granting international protection and for deciding on the return of a foreigner to their country of origin will be combined into one. The courts will have to consider whether, in the event that a foreigner is convicted of a criminal offense, it is appropriate to also impose a penalty of expulsion.
Migrants should also undergo new epidemiological testing. The police and authorities will be able to use information from migrants' mobile phones to identify them.
Shorter decision-making
According to the Interior Ministry, authorities will also be able to determine the place of residence of asylum seekers or order them to stay in asylum facilities. The authorities will be able to limit the social standards of asylum seekers in terms of accommodation and food, as well as restrict their access to the labor market.
The Ministry's Department of Asylum and Migration Policy will have to make decisions within shorter time limits. They will have to act more quickly in the event of appeals to the courts. The obligations of asylum seekers towards the Interior Ministry and the police will be extended, particularly with regard to the submission of necessary documents.
The authorities will be able to cancel or not extend the residence of a foreigner who commits three offences recorded in the register in one year. These are mainly offences against public order, civil coexistence and property, such as repeated shoplifting, bodily harm, gross violence or the use of pyrotechnics at sporting events.
Response to the Supreme Administrative Court
The amendment to the law known as lex Ukraine responds to the verdict of the Supreme Administrative Court, according to which Czechia cannot reject applications from Ukrainians on the grounds that they already have or had temporary protection in another EU country. The law will therefore add another reason for rejecting applications for temporary protection, which applies precisely to these foreigners.
The state will be able to use it after the Interior Ministry notifies the European Commission that there is a risk of exhausting the capacity to cope with the consequences of a mass influx of refugees.
Senators will meet again on Wednesday, August 27. No bills are scheduled to be discussed at the meeting. Members of the upper house will focus primarily on certain annual reports and a petition to ensure equal access to medicines in all pharmacies.
