Administrative expulsion  

In certain conditions stipulated by law police may decide on the expulsion of an alien from the territory of the CR. This is so called administrative expulsion. Apart from that there is also expulsion punishment which a court can impose on a person who committed a penal offence in the territory of the CR.

Decision on administrative expulsion shall indicate what are legal grounds on the basis of which the decision is made (i.e. which provisions of the Aliens Act an alien breached), time duration within which he/she is obliged to leave the territory of the CR, and a time duration for which he/she will not be allowed to enter the territory of the CR.

Time duration for which an alien will be prohibited to enter the territory of the CR based on the decision on administrative expulsion depends on significance of grounds for administrative expulsion.

Statutory time limit for police to issue the decision on administrative expulsion is 7 days; it can be extended, if police cannot issue the decision within this time limit. An alien who maintains that there are no legal grounds for issuing decision on administrative expulsion can appeal against the decision within 5 days from receiving the decision.

 If an alien requests international protection, decision on administrative expulsion cannot be executed (it means that an alien cannot be expelled) as long as his request for international protection is not turned down for one of possible reasons. Decision on administrative expulsion cannot be executed in the event that it would be an inadequate intervention in his/her personal or family life.

Administrative expulsion can be imposed on an alien having a temporary residence permit in the CR as well as on an alien who has residence permit in the territory.

In serious cases (serious family reasons, proceedings at a public authority etc.) an alien can be permitted to enter the territory of the CR for 30 days at the most even within the duration of validity of the decision on administrative expulsion.

   If the grounds for imposing administrative expulsion on an alien are dismissed, and if half of the time duration of validity of expulsion elapsed, he/she is entitled to file an application at a police department to reverse a decision on the validity of administrative expulsion.

Administrative infractions

Aliens Act in its section on administrative infractions a indicates a list of infractions for which a pecuniary punishment can be imposed on an alien, forwarder or accommodation provider. The fine can amount from hundreds of crowns up to CZK 10 000,- and/or  CZK 200 000,- depending on seriousness of a tort. Following actions are considered infractions by course of Aliens Law:

-   crossing the state border out of the checkpoint;

-   misuse of a different person’s travel document, making unauthorized records in the documents,

     submission of forfeited documents;

-   willful avoidance of  border or residence control;

-   residence in the territory of the CR without a travel document (unless an alien is entitled

    according to law);

-   stay in the CR on expired visa;

-   willful indication of false information when dealing with public authorities in connection with  

     the Aliens Act;

-   breaching the duty to register and report a place of residence in the CR;

-   not proving one’s identity when requested;

-   transporting an alien without travel documents;

-  not keeping a registration book.