Brno – The authorities can’t keep the refugees from entering the territory of the Czech Republic after the demand of the fugitives has been not accepted by another European country. The Syrian refugee who had to return from Sweden to the Czech Republic against his will after his demand had been rejected by the Swedish authorities gained a precedent-setting verdict in accordance with that the similar cases will be adjudicated.
The authorities have to respect the rights of the refugees who were not able to obtain protection in another European country and have been returned to the Ruzyně airport. „To these rights, the right to stay on the territory of the Czech Republic and not to see his personal freedom limited belongs,“ the Supreme Administrative Court decided.
A Kurdish man who had fled the fighting and persecution in Syria has gained, similarly to other asylum seekers, a short term visa in the Czech Republic allowing him to travel to Schenghen area countries. He then had took a flight to Sweden where he demanded an international protection. If a refugee gains this kind of protection he can’t be returned to his country of origin.
But the Swedish authorities worked too slowly and the short time visa of the Syrian has expired. The Swedish authorities had ordered his transfer to the Czech Republic and have deported him to the Ruzyně airport. The Syrian has then demanded the Czech authorities to decide on his international protection because in his country he is menaced by persecution.
The Interior ministry has not allowed him to enter the territory of the Czech Republic pretending that he had misused the visa given to him in the Czech Republic to travel to Sweden. He had thus to stay in the Refugee Reception Centre at the airport but he could not have leave it.
The judges said that in similar cases where the refugee demands protection in another European country and he is against his will returned to the Czech Republic, the Czech authorities are obliged to take over and finish the procedure on international protection. The man has stayed in Sweden on the basis of a legal visa and the authorities can‘t put the same restriction on him as on people demanding international protection in the airport.
The authorities can‘t thus deny him to enter the country. Neither the provision that the man represents a danger for the public order can be applied. The Interior ministry will have to assess his request for international protection and the authorities can’t keep him from entering the country.
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