Asylum applications shall be submitted to the Hungarian refugee authority, National Directorate-General for Aliens Policing (OIF) and OIF shall examine and adjudge the applications on the basis of Act LXXX of 2007 on Asylum and Government Decree 301/2007/ (XI. 9.).
In order to conclude the proceedings swiftly and effectively the applicant’s cooperation is necessary.
In the course of the proceedings the applicant is obligated to disclose all information relating to his/her identity and nationality, and to give account of the reasons and circumstances for leaving his/her country.
Objective of the procedure
The objective of the asylum procedure is to establish whether the conditions for transfer under the Dublin process are met in the case of the asylum-seeker, whether he/she is eligible for refugee status or subsidiary protection, or can be returned to his/her country of origin or not.
Placement
For the duration of the procedure the applicant will be given accommodation in the transit zone. If applying for the first time, the applicant shall be entitled to housing and three meals a day for the duration of the procedure, as well as eating utensils and hygienic supplies, clothing and free healthcare.
Costs
If it is the applicant’s first asylum procedure in Hungary, it shall be free for the applicant. The costs of interpretation services are also covered by IAO. Following the first proceedings the person seeking asylum shall be granted individual cost exemption, except if the person seeking asylum is ordered to reimburse the expenses incurred by decision of the refugee authority upon weighing his/her personal circumstances.
Assistance
If during your travel you lost contact with your family members and you wish to contact them again, the refugee authority can help you through the Red Cross or other humanitarian organisations. To this end, please provide all personal data of your family members, including their last known address.
Apart from the refugee authority, the applicant may also request help from other persons and organisations, including lawyers, organisations offering free legal aid or the United Nations High Commissioner for Refugees.
If the applicant wishes to receive free legal aid, an officer of the authority (the regional government agency) in the transit zone shall contact the applicant, and a legal counsel (not a State official) will be appointed.
The legal counsel appointed by the person seeking recognition of refugee status:
- may attend the interview of the person seeking recognition of refugee status;
- may have access to the documents and files of the asylum procedure and may make copies thereof;
- enter the premises where the person seeking recognition of refugee status is provided housing for personal counselling;
- provides help in wording the appeal.
CONTACT INFORMATION FOR ORGANISATIONS OFFERING FREE HELP AND ASSISTANCE
Hungarian Red Cross (Search Group)
1051 Budapest, Arany János utca 31
Postal address: 1367 Budapest, Pf. 121
Phone: (06 1) 374 1338
e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
website: http://www.redcross.hu
United Nations High Commission for Refugees (UNHCR)
1022 Budapest, Felvinci út 27.
Phone: (06 1) 336 3060
e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
website: http://www.unhcr-centraleurope.org
International Organisation for Migration (IOM)
1065 Budapest, Révay u. 12.
Phone: (06 1) 472 2500
e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
website: www.iom.hu
Emberi Erőforrások Minisztériuma (Ministry of Human Capacities)
1055 Budapest, Szalay utca 10-14.
Mailing address: 1051 Budapest, Arany János utca 6-8.
Phone: (06 1) 795 4755
e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
website: http://www.kormany.hu/hu/emberi-eroforrasok-miniszteriuma
Igazságügyi Hivatal (Office of Justice)
1088 Budapest, Múzeum utca 17.
Phone: (06 1) 301 3200
e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
website: http://igazsagugyihivatal.gov.hu/jogi-segitsegnyujtas
Budapest: 1111 Budafoki út 59 Phone: (06 1) 450 2590. e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Pest County: Budapest 1116, Hauszmann Alajos u. 1-3. Phone: (06 1) 450 2592, (06 1) 450 2594, (06 1) 450 2595. e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Debrecen: 4024 Piac u. 42-48. Phone: (06 52) 501 026, -501-027, -501-028. e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Nyíregyháza: 4400 Kereszt u. 9. Phone: (06 42) 597 697, -597 696, -597 695. e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Békéscsaba: 5600 Szabadság tér. 20-22. Phone: (06 66) 540 362, -540 361, -540 360. e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Szeged: 6721 Tisza L. krt. 2-4. Phone: (06 62) 549 196, -549 197, -549 195. e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Fingerprint and photograph
After the application for asylum is lodged, and if the applicant is 14 years of age or older, his/her fingerprint will be taken by the Hungarian authorities and transmitted to a fingerprint database of the EU called “EURODAC” to determine if whether the applicant has previously applied for asylum in another EU Member State or if previously resided in another EU Member State. Fingerprints are managed confidentially in the EURODAC system. In addition to fingerprints, a photograph will also be taken of the applicant, which will be handled confidentially as well.
Within the framework of the so called Dublin procedure another Member State of the Union may be found responsible for carrying out the asylum procedure. Accordingly, if in the case of the applicant the so called Dublin procedure should be opened or carried out, the Hungarian authority shall initiate the applicant’s transfer to the Member State in question.
Medical examination
For reasons of control of communicable diseases, the applicant is obliged to undergo health screening (pulmonary, blood, urine, stool, and dermatology test), and to accept medical treatment if necessary. Moreover, any mandatory vaccination the applicant might be lacking must be given to the applicant by order of the competent health authority, and he/she must perforce tolerate it. This is required in order to protect the health of the applicant and others staying in the transit zone.
The authority shall handle all data and information relating to the applicant’s health strictly confidential, and they may be accessed by duly authorised persons only.
Right of remaining in the territory of Hungary, subsequent application
If the applicant submits another application and the previous procedure ended by non-appealable decision of termination or refusal, the applicant’s right to remain in the territory of Hungary under the title of asylum seeker shall be terminated, and IAO will no longer be able to provide housing and care for the applicant.
Provisions, aid, lodging
If the applicant has the right to remain in the territory of Hungary, the refugee authority shall provide lodging for the applicant in the transit zone along with other provisions. Leave of the transit zone is permitted through the exit gate only.
Points of procedure
In the context of its procedure the refugee authority shall interview the applicant. During the interview the applicant is asked to provide details about the reasons for fleeing, the circumstances of reaching Hungary, and to present any evidence that may be available to support the application to the authority. He/she shall give account of the reasons for being forced to leave his/her country, present arguments for his/her asylum application, explain in detail the circumstances of persecution, and recount he reasons preventing him/her to return to the country of origin. It is important to give full and true account of the circumstances of his/her flight, elaborate on the specific threats he/she is exposed to if he/she was to return to the country of origin.
The refugee authority may compare the account given by the applicant to current and objective information available on his/her country of origin, and if this information does not support the applicant’s statements, the application may be refused, therefore it is of the essence to be truthful in those statements.
The interview will be recorded in a report in Hungarian, containing the statements given by the applicant. The case officer shall read the report to the applicant, and it shall be translated from Hungarian by the interpreter locally. If the applicant has any comments, or wishes to initiate changes in the report, he/she shall indicate this to the case officer. The report shall contain the corrections and changes the applicant has requested. When done, the report shall be signed. Upon request, the authority shall give a copy of the report to the applicant.
If the applicant refuses to give a statement, or if fails to appear the personal interview without showing cause, or if fails to cooperate or prevents to have his/her fingerprint or facial likeness taken, it shall not constitute an impediment for bringing a decision. In that case the refugee authority shall be entitled to bring a decision nonetheless, on the basis of data and information available, consequently, it is in the applicant’s interest to appear at the interview and to cooperate with the authority.
Duration of the procedure
The asylum procedure will be carried out in 60 days, however, in some cases the authority has power to bring a decision within a shorter period of time, in a so called accelerated procedure. Certain procedural steps (for example, checking the authenticity of documents, translation of attached documents) will not be included in the duration of the procedure, consequently, in some cases the procedure may actually take as long as a few months.
Competent authorities
The Alkotmányvédelmi Hivatal (Agency for Constitutional Protections) and the Terrorelhárítási Központ (Counter-Terrorism Centre) will be involved in the asylum procedure as specialist authorities in order to decide whether the applicant’s residence poses a threat to the national security of Hungary. If the person seeking asylum cites the persecution of Christianity in his/her application the Minister of Human Capacities shall hear and determine such case. The time required for the procedures of specialist authorities (15 days) and for other procedural is not included in the procedural time limit.
Rights and obligations
Rights of the applicant:
- The applicant has the right to leave the transit zone anytime towards Serbia.
- In the procedure the applicant may use his/her native language or any other language he/she understands. Upon request, an interpreter and/or case officer of the same sex will be appointed.
- In the asylum procedure the applicant must participate in person, however, his/her legal counsel or other representative may also be present. Furthermore, the applicant may have access to free legal aid, and may also request the United Nations High Commission for Refugees to be involved.
- The refugee authority shall designate the transit zone as the compulsory place of confinement for the applicant insofar as the non-contestable decision or the ruling for transfer under the Dublin process becomes executable. The transit zone may be left throughout exit gate.
- If the authority decides to grant international protection, the applicant will be admitted to the territory of Hungary.
- If applying for the first time, the applicant shall be entitled to housing and three meals a day for the duration of the procedure, as well as eating utensils and hygienic supplies, clothing and free healthcare.
- The applicant and his/her representative has the right of access to administrative documents of the case, and to request a copy of any document.
- The applicant has the right to withdraw his/her application at any time during the procedure. In that case the authority shall terminate the procedure or shall adopt a decision based on the information in its possession.
Obligations of the applicant:
- In the course of the asylum procedure the applicant must cooperate with the authority, hence to disclose his/her personal data and to do everything to clarify his/her identity. In that context, the applicant is obliged to contact any and all persons and organisations who may be assistance in that process, without being subjected to prosecution.
The applicant is to give account of the reasons for, and the circumstances of fleeing, and must present his/her documents (specifically, his/her passport, personal identification document, other documents, birth, marriage certificate, driver license, diploma) and other documentary and physical evidence.
- For the duration of the procedure the applicant may not enter the territory of Hungary. If the applicant leaves the transit zone during the procedure without authorisation, and has absconded, or if leaves the transit zone throughout the exit gate, the authority shall terminate the procedure or shall adopt a decision based on the information in its possession.
- While in the transit zone must abide by the house rules. The applicant shall be allowed to leave the transit zone only for justified reasons, subject to permission by the refugee authority. The applicant may leave the transit zone through the exit gate only.
- The applicant must give account of his/her assets, income, and must perforce tolerate to have his/her belongings, clothing and vehicle searched in justified cases.
- If the applicant claims to be under 18 years of age, and the refugee authority questions that claim, a medical examination may be performed subject to the applicant’s consent to determine his/her age. If the applicant refuses to allow the examination, the authority shall considered to applicant to be an adult.
- If the applicant is a unaccompanied minor under the age of 14 years, he/she will be placed into a child protection institution instead of the transit zone. The authority shall appoint a child welfare officer so as to provide legal representation.
- If the applicant is a unaccompanied minor over the age of 14 years, he/she will be placed in the transit zone and this is where the asylum procedure will be conducted. The authority will provide for legal representation (competent district office).
- The applicant’s (minor) child is of nursery or school age the authority shall ensure education and learning facilities locally.
Data protection
An officer of the refugee authority will record the applicant’s data and shall maintain confidentiality with respect to all such data, and will only disclose them to Hungarian authorities and courts authorised to access them, and to the United Nations High Commissioner for Refugees. The refugee authority will not establish any communication with the authorities of the applicant’s country of origin if the applicant claims to be persecuted by those authorities.
Decisions of the authority
If the authority decides that the application may be admissible, the authority shall examine whether the applicant can be given refugee status or subsidiary protection, and shall examinee whether the applicant can be returned to his/her country of origin. If the authority decides that the application is not admissible, the reasons for such decision must be given when the decision is delivered.
The competent refugee authority shall make its decision relying on the applicant’s account given during the interview, the evidence supplied and obtained, and based on the information available on the applicant’s country of origin. The authority shall communicate its decision to the applicant in writing or orally. In the asylum procedure a decision may be adopted for:
- granting refugee status;
- granting subsidiary protection;
- granting temporary protection, which enables the asylum-seeker to stay in Hungary on a temporary basis;
- refusing the application in full;
- termination of procedure.
The reasons for the decision will be presented in detail when the decision is delivered, except where refugee status is given. With the exception of decisions for terminating the proceedings, the decision on refusing the application may be appealed in the court of law within the time limit specified in the decision. The court will either uphold the decision of the refugee authority, or may abolish the authority’s decision and order the authority to re-examine the application.
If the refugee authority decided to refuse the asylum seeker’s application, or terminates the procedure if the applicant has absconded or if the application is withdrawn, and if there is no other reason for his/her lawful residence in Hungary, the authority shall order his/her expulsion from the territory of the European Union, to be executed by the immigration authority. The refugee authority may also bring an exclusion order.
If the applicant is granted international protection as provided for above (i.e. refugee status, subsidiary protection or exile status) the applicant will be given the right of residence in the territory of Hungary.