Termination of temporary protection and court defense

Since May 2025, the issue of the automatic termination of temporary protection has been the subject of fairly intensive discussion, following an amendment to the law which links such termination, amongst other things, to the fact that the holder of temporary protection has their place of residence registered at the authority’s registration office.

The main problem is that the termination of temporary protection may be recorded in the register without prior administrative proceedings and without a formal decision being issued, for example following the cancellation of details regarding the registered place of residence (which, unfortunately, occurs quite frequently). In such cases, it is generally not possible to challenge the decision by way of an appeal; the only recourse is then to bring an action against the unlawful intervention of the administrative authority under the Code of Administrative Procedure. If the administrative authority has issued a decision on the termination or withdrawal of protection (e.g. in the event that it ‘found’ that the holder of temporary protection had provided false information in their application), an action against the administrative authority’s decision is appropriate. Choosing the incorrect type of action may lead to the claim being dismissed; it is therefore necessary first to ascertain precisely by what act the State has interfered with the residence status.

Administrative courts have already dealt with cases where temporary protection was due to expire 90 days after the address of the administrative authority’s registered office was recorded. The Municipal Court in Prague, for example, concluded that such a ground for termination was inconsistent with EU legislation on temporary protection. At the same time, the court emphasised that the subsequent re-granting of protection may not remedy all the consequences of the previous intervention – the interruption may affect employment, health insurance and the requirement of continuous residence for obtaining another residence permit (for holders of temporary protection, this is, in particular, a condition for obtaining a special long-term residence permit). This is another reason why it is important to challenge such a course of action.

In the case of the above-mentioned legal actions, it is necessary to act swiftly. The time limit is generally two months from the date on which the person concerned became aware of the decision or measure. Filing a legal action does not automatically reinstate a residence or work permit; therefore, depending on the circumstances, it may be appropriate to apply for interim relief at the same time.

Are you dealing with the same or a similar matter? Please do not hesitate to contact us at any time.