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Czech Republic / Supreme Administrative Court / 3 Azs 327/2016 - 37

P.N.B. v Police department

Policy area:
Justice, freedom and security
Deciding Body type:
National Court/Tribunal
Deciding Body:
Supreme Administrative Court
Type:
Decision
Decision date:
26/04/2017

Key facts of the case: 

The plaintiff, a citizen of Vietnam, wife of a foreign national legally residing in the Czech Republic and mother of two minors, had been living in the Czech Republic illegally for two years. She tried to legalise her stay multiple times, including traveling back to Vietnam and trying to apply for a long-term visa there, but she was not able to get her application through the Visapoint system (an online application system through which a meeting can be arranged to apply for a visa in person). The defendant issued a decision for administrative expulsion. The plaintiff initiated legal proceedings against the decision and the Municipal Court in Prague cancelled the decision. The defendant appealed the court’s decision, but the Supreme Administrative Court upheld the decision of the lower court. The court claimed that the decision represents a disproportionate intervention in the plaintiff’s private and family life. According to § 119 Paragraph 2 and § 174a of the Act on Residence of Foreign Nationals in the Czech Republic, a breach of alien law may result in administrative expulsion, but there must be a certain level of disruption to public order in order for the disruption of private and family life that administrative expulsion causes to be deemed proportionate. It is not the right of a foreign national to reside in the Czech Republic, but in the case of family life in the Czech Republic the right to stay arises from EU law - Article 7 and 24 of the Charter and Directive No. 2003/86/ES. In this case the plaintiff had earlier been living in the Czech Republic legally for many years, she spoke Czech, her husband and children reside legally in the country, and she had tried many times to legalise her stay. It is not possible for the family to move to Vietnam and she cannot move there alone because it would not be in the best interest of their two pre-school children in the terms of Article 24 Paragraph 2 of the Charter.

Outcome of the case: 

A breach of alien law may result in administrative expulsion only if it causes a certain level of disruption to public order that would allow the disruption of private and family life that administrative expulsion causes to be deemed proportionate. It is not the right of a foreign national to reside in the Czech Republic, but in the case of family life in the Czech Republic the right to stay arises from EU law - Article 7 and 24 of the Charter and Directive No. 2003/86/ES.