Providing evidence, Interview
Providing evidence
In general, all means of evidence that are suitable for establishing the actual facts and true state of affairs of the case, that are without well-founded suspicion, and that have not been obtained or presented in violation of legal regulations, may be provided as evidence. In the context of residence permit applications in the Czech Republic, this primarily includes documents, witness testimonies, interviews with the parties to the procedure, or expert opinions1.
If evidence is taken outside an oral hearing, the parties must be notified in advance, unless there is a risk of delay or unless the parties have waived their right to participate in providing the evidence.
The administrative authority must notify the parties sufficiently in advance about any procedural act it intends to perform if it is necessary to protect their rights and if it does not jeopardize the purpose of the act. Thus, the Ministry of the Interior must inform the other parties of the administrative procedure or their representatives in sufficient advance about acts such as witness interviews or interviews of other parties. However, the Ministry is not obliged to provide such notification if doing so would defeat the purpose of the act or if it concerns related interviews.2
The Ministry gathers the documents necessary for issuing a decision either on its own or through other requested administrative authorities (such as child protection authorities, immigration police carrying out residence checks, building authorities, etc.). The parties to the administrative procedure are obliged to provide the administrative authority with all necessary cooperation in collecting evidence.3 In some cases, the Act on the Residence of Foreign Nationals also requires applicants to provide documents themselves to prove that they meet the conditions for granting a residence permit.
Interviewing an applicant
In accordance with the Act on the Residence of Foreign Nationals, the Ministry of the Interior has the right to interview an applicant for a residence permit, as a party to the administrative procedure. The interview is conducted by the Ministry of the Interior, if it is deemed necessary for establishing the true state of affairs and actual facts.
In such a case, the applicants are summoned to the interview in writing4. The summons will include information about the consequence of failure to attend. Applicants can be fined up to CZK 50,000 for an unreasoned refusal to be interviewed.
Applicants are obliged to tell the truth, and not to withhold any facts. Providing false or incomplete information constitutes an administrative offense punishable by a fine of up to CZK 3,000.
Witness statement
In order to establish the actual facts of the case, it may become necessary to interview witnesses during the administrative procedure concerning an application for a residence permit.5 A witness can be any person whom the Ministry of the Interior believes may possess relevant information regarding the specific case and who is not a party to the administrative procedure (for example, landlords, neighbours, postal workers, or family members of the applicant if the Ministry has not considered them to be parties to the administrative procedure).
If it is necessary to interview witnesses, they will be summoned in writing. If a summoned witness fails to attend the interview and the conditions under the Administrative Procedure Code are met, the Ministry may use the procedure of compelled attendance.
For an unreasoned refusal to be interviewed, a procedural fine of up to CZK 50,000 or an administrative offense fine of up to CZK 3,000 may be imposed.
A witness is entitled to claim reimbursement from the Ministry for actual expenses (in particular travel expenses) and lost earnings in connection with giving testimony. The claim must be submitted to the Ministry no later than 8 days after the expenses were incurred; otherwise, the right to claim reimbursement shall be forfeited. The method and extent of reimbursement for lost earnings and actual expenses are governed by Decree no. 520/2005 Coll., of the Ministry of the Interior, on the scope of actual expenses and lost earnings reimbursed by administrative authorities to other persons and on the amount of the flat-rate costs of administrative procedures.
1 § 51 of the Administrative Procedure Code.
2 § 4(3) of the Administrative Procedure Code.
3 § 50(2) of the Administrative Procedure Code.