In a dispute concerning court jurisdiction, the Supreme Administrative Court recognised the special circumstances of the claimant in an application for the determination of statelessness, and ruled that the court which would have been competent in an asylum procedure should continue the proceedings.
Access to Public Health Care should be granted to applicants while the statelessness procedure is pending, by analogy with the situation of asylum seekers.
The court stated that “not admitting applicants for statelessness status to an asylum seekers' accommodation centre is an unlawful action” and the applicants should be admitted to an accommodation centre until a decision is made on their applications for recognition as a stateless person. The case was argued based on an analogy with the asylum procedure, as the reference to stateless persons is currently in the Czech Asylum Act.
Procedural aspects of statelessness determination should be the same as in the asylum application procedure, as the SPD procedure is not specified in national law. This means that the deadline for issuing a decision on statelessness is 6 months with the possibility of extension.
Stateless people should be granted a legal status and identity card during the statelessness determination procedure. The State's failure to grant a right to stay on the territory while waiting for a decision is in violation of the applicant's right to respect for private and family life.