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COMPLAINTS OFFICE

 

operated by the National Directorate-General for Aliens Policing

 

 

 

Procedure for submitting complaints and public interest disclosures

 

A complaint is a request for elimination of violation of an individual right or interest and in whose regard complaint handling is not subject to any other procedure, in particular to any judicial or administrative procedure.

 

A public interest disclosure draws attention to a situation the redressing or elimination of which is in the interest of the community or society as a whole.

 

Written complaints and public interest disclosures (hereinafter collectively referred to as “complaints”) may be submitted to the mailing address of the Complaints Office of the National Directorate-General for Aliens Policing (hereinafter referred to as “NDGAP”), via email, via the digital gateway portal using the E-Paper application or during office hours in person.

                                                                                                                           

Complaints may be submitted in verbal form in person during office hours. Verbal complaints shall be recorded in writing by the acting case worker and a duplicate of the complaint shall be given to the client. Submitting a complaint in verbal form is not possible via telephone.

 

When submitting a complaint, the complainant must provide credible proof of his/her identity; NDGAP may disregard the examination of a complaint submitted by an unidentified person. For this reason, submitting a complaint via telephone is not possible.

 

The complainant must provide his/her contact details to be contacted in writing in order to be informed of the outcome of the examination.

 

A properly submitted complaint will be examined by NDGAP within 30 days of receipt. If it is not foreseeable that a full examination of the complaint will be possible within the 30-day time limit, NDGAP will inform the client in writing, indicating the expected date of completion of the examination. Upon completion of the examination, NDGAP shall immediately inform the complainant of the action(s) taken or not taken, indicating the reasons thereof, at the contact details to be contacted in writing provided by the complainant. No written notification shall be provided if the complainant has been informed verbally of the handling of the complaint and has taken note of it.

 

NDGAP may disregard the examination of a complaint or a public interest disclosure with the same content submitted by the same complainant subsequently, or by an unidentified person, or if the complainant has submitted a complaint after six months from the date on which (s)he became aware of the act or omission complained of. Complaints submitted more than one year after the event of the act or omission complained of will be rejected without an examination of the merits.

 

If a complaint is submitted in writing to NDGAP over whose examination NDGAP does not have jurisdiction, NDGAP will refer the complaint to the competent body within 8 days, informing the complainant of the fact of referral simultaneously. If a complaint is submitted in person to NDGAP over whose examination NDGAP does not have jurisdiction, NDGAP shall inform the complainant of this fact, the fact of information provision is to be recorded in writing. In such a case, NDGAP shall not refer the complaint and shall not send a written notification unless it was not unambiguous that NDGAP is not the body responsible for acting on the case at the time the complaint was submitted .

 

Please include in your complaint, public interest disclosure and complaint against (a) police measure(s) taken by NDGAP as much, as detailed and accurate information as possible about the conduct complained of. This will also help us to achieve our common objectives, to accelerate the handling of the procedure, to redress the impairment of right and to work towards bringing the persons committing unlawful acts to justice.

 

 

Contact details of the Complaints Office of NDGAP

 

Address: H-1117 Budapest, 60 Budafoki út, Building ”A”, ground floor, reception area

Mailing address: H-1903 Budapest, P.O. Box No. 314

Tel.: (+36 1) 463 9118

Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

 

Office hours (via telephone and in person)

 

On Wednesdays between 08:30 and 11:00.

 

Please note that only complaints, public interest disclosures and complaints against police measures taken by NDGAP may be submitted at the Complaints Office, as well as via the “ This email address is being protected from spambots. You need JavaScript enabled to view it. ” email address.

 

The above contact details are not available for the initiation or conduct of any substantive procedure at the Complaints Office, in particular for the handling of pending cases or the submission of enquiries. If you wish to send an enquiry with other contents to NDGAP, please visit the “Contacts” menu item on the website of NDGAP.

 

For further information on the contact details and office hours of NDGAP and its Client Service Offices, please visit the “Contact details of the regional offices” section under the “Contacts” menu item on the website of NDGAP.

 

KEY INFORMATION ON SUBMITTING A COMPLAINT AGAINST A POLICE MEASURE

 

Anyone whose fundamental right has been infringed by a breach of obligation, taking a police measure, or not taking a police measure, applying means of coercion (hereinafter collectively referred to as measure) defined in Chapter IV-V and VI, excluding § 46/A-46/C, of Act XXXIV of 1994 on the Police may choose to submit a complaint to the police body taking the measure or, if the complaint is not subject to any other procedure, you may ask the Director General of the aliens policing body to make a decision on your complaint, after an examination by the Commissioner for Fundamental Rights. Such a complaint may be submitted within 30 days from the date of the measure.

 

A complaint may be made:

- in verbal form: at the Client Service Offices of NDGAP or at the Complaints Office of NDGAP in person – complaints against a police measure may also be submitted before the Commissioner for Fundamental Rights as indicated at the www.ajbh.hu website – where the complaint will be recorded in writing;

- via post to the following mailing address: National Directorate-General for Aliens Policing H-1903 Budapest, P.O. Box No. 314;

- via the digital gateway portal by using the E-Paper application;

- in an electronic document with an advanced security electronic signature.

 

When submitting a complaint, the complainant must provide credible proof of his/her identity. If a complaint is submitted by post and is not suitable for establishing the identity of the complainant, the Administrative and Document Management Department will invite the complainant to submit the complaint in a way that is suitable for establishing his/her identity. Since the authority must verify that the submission is made by the person entitled to make the complaint or by a person legally acting on his/her behalf, your written submission (on paper or in electronic format) must be signed by you or your representative.

 

Please note that submissions sent via email, SMS or other means alike do not constitute written submissions; therefore, they do not constitute a means of initiating a complaint procedure against a police measure.

 

When an authorised representative or a legal representative acts on behalf of a person, enclosing/attaching a document proving that the representative is authorised to act on behalf of the represented person is always mandatory.

 

The complainant must provide his/her contact details to be contacted in writing in order to be informed of the outcome of the examination. A decision on a complaint against a police measure shall be made within 35 days.

 

The decision on the complaint cannot be appealed in the administrative procedure.

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