This volume collects the proceedings of a roundtable (26 February 2003) that focused on the issue of “reunifying families of foreigners and recognized refugees“. According to the experts on immigration law present at the roundtable, the issue of reunifying foreigners and recognized refugees should not be taken too lightly, although it is still a marginal issue in the Czech Republic. Judging by expert forecasts and the current dynamics in the area of asylum and migration, it is safe to assume that the number of family reunifications will grow rapidly.
In the Czech Republic, family reunification is covered by the Act on Asylum. The act stipulates that a close relative of a recognized refugee may be granted an asylum for “reasons deserving consideration” even though no actual legal reason exists. However, one must note that this presumes that the recognized refugee’s relative has managed to enter the territory of the Czech Republic. Relatives of a refugee must apply for visas required to enter the Czech Republic at the country’s embassies abroad. The relevant embassy assesses the application in accordance with the Act on Residence of Aliens. The embassy’s decision is final and cannot be subjected to judicial review. If they want to exercise their right to family reunification, family members are required under the aforementioned act to present documents that they may not posses in certain situations (e.g. Iranian children cannot be listed in a parent’s passport nor can they be issued a stand-alone travel document) including a letter of invitation certified by the Immigration Police and backed by a document confirming the possession of a substantial amount of money (tens or hundreds of thousands of Czech Crowns based on the number of family members). The attending experts agreed that these requirements are unrealistic for many applicants. They also emphasized that not even the presentation of all the required documents guarantees an approval. There is no automatic legal entitlement to be granted a visa and the relevant embassy is not obliged to specify the reason for its refusal to grant it. The applicant has no effective means of influencing the final decision or appealing against it (if a decision is issued at all).
Legal experts see the activities of the Directorate of Immigration and Border Police and the Department for Asylum and Migration Policy of the Ministry of Foreign Affairs (DAMP) in the area of family reunifications as satisfactory. However, this is not the case of the Consular Department of the Ministry of Foreign Affairs and the individual embassies abroad. The absence of an appropriate communication channel is most pressing in the case of the Czech embassy in Pakistan. The Consular Department refuses to take responsibility for actions of the individual embassies. The Directorate of Immigration and Border Police and DAMP may issue affirmative recommendations (known as “accommodating positions”) to the Consular Department, but the final decision is in the hands of the relevant embassy.
In some cases, embassies require applicants to submit a residency permit, i.e. a formalized guarantee that they will be granted asylum. However, DAMP cannot issue such a guarantee as the asylum procedure may only start on the Czech territory. Ad hoc documents issued by the Red Cross also may not represent a sufficient guarantee for the relevant embassy.
Family reunification cases are often extremely lengthy which may lead to estrangement or disintegration of the family. Experts voiced their opinion that by simplifying and speeding up the reunification process, effectively communicating with partners as well as incorporating a special type of visa for family members in accordance with the Act on Residence of Foreigners and offering the opportunity to obtain the visa on the Czech border, the role of Czech embassies could be eliminated from the family reunification process.
Another solution would be to complete the asylum procedure in the country where the family member in question lives, which is something to be reportedly included in the new draft EU directive on the right to family reunification. The European Union believes that no barriers should stand in the way of family reunification, but some member states insist upon fulfilling a number of conditions. Germany is of the opinion that family reunification does not have to take place on German territory. Other countries are trying to institute a condition under which family members must be less than 15 years old.
It is clear from the roundtable that the general idea of “family unity” enshrined in legal regulations is still troublesome when it comes to implementation. The immigration law experts who took part in the roundtable discussions believe that changes in the short run are essentially impossible: it is first necessary to focus on improving communication between the individual partners and subsequently creating functional communication channels.
(Abstract by Andrea Gerstnerová)