Providing Proofs of Evidence, Interview
Providing proofs of evidence
In general, one can use all proper evidence appropriate for establishing the true state of affairs, thereby avoiding any reasonable doubt about it, unless it has been acquired or given contrary to the law. As to applications for a residence permit in the Czech Republic, they may need to be supported by documents, witness statements, interviews with the parties to the proceedings, or eventually expert opinions.
The parties to the proceedings must be notified of the requirement to give evidence, in good time, unless there is a risk of delay, or unless they have waived their right to participate.
The administrative body will timeously notify the parties to the proceedings of the forthcoming actions, if it is necessary for defending their rights, and provided it does not jeopardise the purpose of the action. The Ministry of the Interior is accordingly obligated to duly notify other parties or their representatives, of the acts to be done, such as interviewing a witnesses or other parties to the proceedings. Such a notice need not be given, if it might jeopardise the purpose of the action, or if the interviews are interrelated.
Documentary evidence for the decision making is collected by the Ministry of the Interior and by other administrative bodies (e.g. commissions for social and legal protection of children, foreign police residence supervision unit, construction administration office, etc.). Parties to the proceedings have to be cooperative while all the necessary documents are being collected. At the same time, in some instances, the Law on the Residence of Aliens imposes a duty on the foreigners, to acquire documents needed for the residence permit.
Interviewing an applicant
In compliance with the Law on the Residence of Aliens, the Ministry of the Interior has the right to interview an applicant for a residence permit, as a party to the proceedings. The interview is conducted by the Ministry of the Interior, if it is deemed necessary for establishing the true state of affairs.
In such a case, the applicants are summoned to the interview in writing. They are informed about the consequences of failure to attend. Applicants can be fined up to CZK 50,000 for an unfounded refusal to be interviewed.
Applicants are obliged to tell the truth, and not conceal anything. It is an offence against the law to give false or incomplete information, for which one can be fined up to CZK 3,000.
The residence permit proceedings can require an interview to establish the true state of affairs. A witness can be any person, who the Ministry of the Interior considers to have a knowledge of relevant information to the case, and who is not a party to the proceedings (for example, providers of accommodation, neighbours, postmen or family members, provided they are considered by the Ministry to be independent, etc.)
If it is necessary for the witnesses to be interviewed, they are summoned in writing to attend the interview. If a summoned witness does not attend the interview and the relevant conditions of the administrative law are fulfilled, the Ministry has a power for enforcement, to bring the witness to the court.
An unfounded refusal to attend at the interview can be fined up to CZK 50,000, and a fine for an offence can be assessed up to CZK 3,000.
The method and scope of the compensation for lost earnings and any allowance for expenses incurred is assessed by reference to the Edict of the Ministry of the Interior no. 520/2005 Coll. on the scope of the compensation for expenses incurred and for the lost earnings, which the administrative body pays to other persons, and on the lump sum to cover the costs of the proceedings.