Non-granting of a short-term visa

• stipulate, within the methodological guidance of embassies (ideally in the Circular Letter for the Granting of Visas), the obligation to mark in the visa application form or, as the case may be, in some other demonstrable manner in the file, an accurate quotation of the legal provision instead of a mere code of the relevant provision of Section 56 of the Act on the Residence of Foreigners,
• methodologically stipulate (if this has not been done) the keeping of a file also in case of proceedings for the granting of a visa for a stay of up to 90 days so as to be in accordance with Section 17 of the Code of Administrative Procedure or ensure observance of the aforementioned provision in the consulates’ practice in some other manner (the aforementioned shortcoming is obvious, in particular, in relation to requests lodged by the family members of the citizens of the EU/the Czech Republic),
• once again review, with respect to the applications for visas for a stay up to 90 days lodged by foreigners from third countries, with regard to the requirements of Section 17 (1) of the Code of Administrative Procedure, the obtaining of records (and their subsequent keeping in the file) of interviews in cases where the interview is performed and used as evidence in the proceedings.

With regard to the inconsistent practice of embassies, the Defender also requested of the Ministry of Foreign Affairs that the practice of embassies in proving relatedness be unified in accordance with the opinion stated in the report on the inquiry, shared also by the head of the Consular Department of the Ministry of Foreign Affairs and the Ambassador of the Czech Republic in the Arab Republic of Egypt. In order to prove relatedness to a citizen of the Czech Republic and the ensuing entitlement to take advantage of a category of foreigners with a more favourable status (shorter deadlines for handling an application, less documents required, remedies against the dismissal of an application, etc.), legalisation of an Egyptian marriage certificate by the embassy in Cairo or the Ministry of Foreign Affairs is sufficient rather than the issuing of the marriage certificate by a special registry. Accordingly, it will be necessary to change, in a consistent manner, the information on the websites of the individual embassies with respect to the proving of relatedness to a citizen of the Czech Republic.

Non-granting of a short-term visa

The case was concerned with the rejection of an application for the granting of a visa for a stay up to 90 days (a so-called tourist visa) to the complainant’s Egyptian friend. The Defender inquired into the case, found maladministration and requires in his final statement, in addition to other remedial measures, that the Ministry of Foreign Affairs:

• stipulate, within the methodological guidance of embassies (ideally in the Circular Letter for the Granting of Visas), the obligation to mark in the visa application form or, as the case may be, in some other demonstrable manner in the file, an accurate quotation of the legal provision instead of a mere code of the relevant provision of Section 56 of the Act on the Residence of Foreigners,
• methodologically stipulate (if this has not been done) the keeping of a file also in case of proceedings for the granting of a visa for a stay of up to 90 days so as to be in accordance with Section 17 of the Code of Administrative Procedure or ensure observance of the aforementioned provision in the consulates’ practice in some other manner (the aforementioned shortcoming is obvious, in particular, in relation to requests lodged by the family members of the citizens of the EU/the Czech Republic),
• once again review, with respect to the applications for visas for a stay up to 90 days lodged by foreigners from third countries, with regard to the requirements of Section 17 (1) of the Code of Administrative Procedure, the obtaining of records (and their subsequent keeping in the file) of interviews in cases where the interview is performed and used as evidence in the proceedings.

With regard to the inconsistent practice of embassies, the Defender also requested of the Ministry of Foreign Affairs that the practice of embassies in proving relatedness be unified in accordance with the opinion stated in the report on the inquiry, shared also by the head of the Consular Department of the Ministry of Foreign Affairs and the Ambassador of the Czech Republic in the Arab Republic of Egypt. In order to prove relatedness to a citizen of the Czech Republic and the ensuing entitlement to take advantage of a category of foreigners with a more favourable status (shorter deadlines for handling an application, less documents required, remedies against the dismissal of an application, etc.), legalisation of an Egyptian marriage certificate by the embassy in Cairo or the Ministry of Foreign Affairs is sufficient rather than the issuing of the marriage certificate by a special registry. Accordingly, it will be necessary to change, in a consistent manner, the information on the websites of the individual embassies with respect to the proving of relatedness to a citizen of the Czech Republic.