File and Accessing the File
Under the Administrative Procedure Code, you and your representatives, as a party to the proceedings, have a right to access to file1. This right applies even if the administrative proceedings have already ended.
If you are blind, the file will be read to you and, upon request, you will be allowed to make a sound recording. Besides you, the person accompanying you can also access the file.
A file is created and kept in order to record the course of the proceedings. The file has a reference number and it contains the following documents:
- filing,
- protocols,
- records,
- written decision,
- other procedures carried out by the administrative authority,
- attachments.
Each part of the file also contains the date when it was inserted in the file.
How can I make an appointment for access to file?
In order to access to file, you must first submit a request for access to the file. This request may be sent by post, by data box or by e-mail with a guaranteed electronic signature. Once the file is ready for viewing, you will be given an appointment by the responsible office, or you can make an appointment by telephone via the Client Centre for Information for Foreigners.
However, if the file is in the stage of appeal and has already been sent to the appeal body, it is necessary to contact the appeal body for access to file.
Who has access to file?
Parties to the proceedings (applicants) and their representatives have access to file.
What information is provided during access to file?
During access to file, all the file documents, attachments included, are available to you.
However, parts including classified information subject to an obligation of confidentiality stipulated or recognised by law will be excluded. This does not apply to the part of the file which has served or will serve as evidence. These parts are only accessible to you and your authorised representative as to a party to the proceedings. At the same time, you will be informed in advance about the consequences of a breach of confidentiality. A protocol that you have been thus informed will be drawn up and you must sign it.
Is it possible to make a copy of the file while accessing it?
Yes, a right to access to file is linked with a right to make extracts, alternatively the Ministry can make a copy of the file or its parts for you.
When accessing the file, you will be also able to make photos of the file with your mobile phone.
The issuance of counterparts, duplicates, copies, photocopies and extracts is subject to an administrative fee, most often in the amount of 15 CZK per each initiated page if made on a copy machine or a printer. For more information including an exhaustive fee list see the Administrative Fees Act.
An administrative fee is to be paid in cash.
Does the Ministry of the Interior send a copy of the file to a particular address if requested so in writing?
No, the Ministry neither makes nor sends copies based on written requests as the right to make copies is linked to the right to access to file.