Submission of Asylum Applications in Hungary
What is asylum?
Asylum means an entitlement for its holder to reside in the territory of Hungary, as well as protection against refoulement, expulsion and extradition. Upon request, Hungary grants refugee status or subsidiary protection to a foreign national who meets the statutory requirements for qualification for such protection.
What are the conditions for qualification for being a refugee?
Refugee status may be granted to a person whose life and liberty are threatened in his/her country of origin on account of race, religion, nationality, membership of a particular social group or political opinion, or whose fear of being subject to persecution is well founded, and who currently resides in the territory of Hungary. The authority shall review compliance with the conditions for refugee status every three years.
What are the conditions for qualification for subsidiary protection?
A person may be admitted for subsidiary protection if he/she does not qualify as a refugee, but in respect of whom substantial grounds have been shown for believing that the person concerned, if returned to his or her country of origin would face a real risk of suffering serious harm (that is to say, he/she would face the death penalty, or his/her right to freedom from torture and other cruel, inhuman or degrading treatment or punishment would be violated, or serious threat to his/her life or person by reason of indiscriminate violence may occur). The authority shall review compliance with the conditions for subsidiary protection every three years.
Where and how asylum applications may be lodged, and what are the costs?
Applications for asylum are to be submitted in person at the National Directorate-General for Aliens Policing. Asylum may not be requested by others. The Office shall carry out the first asylum procedure in Hungary free of charge, the fees of interpreters are covered by the Office as well.
When is an application considered inadmissible?
An asylum application is considered inadmissible if the applicant is a national of any Member State of the European Union or if he/she has been recognised as a refugee by another Member State. Moreover, an application is considered inadmissible if the applicant has been recognised as a refugee by a non-Member State, and that protection is in fact available, and the applicant is able to return to that country. Where an asylum application is refused and later resubmitted on the same grounds, it too will be considered inadmissible, including the case where there is a country which is considered as a safe third country for the applicant.
What documents are to be enclosed with the application for asylum?
Enclosed with the application and also during the procedure within the framework of the obligation to co-operate the client is required to submit all documents relating to his/her person, on the basis of which his/her identity and the reason for fleeing can be established. The Office shall provide for the translation of such documents.
How long the examination of the asylum application takes?
The competent authority shall carry out the asylum procedure 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. The duration of the specialist authority’s procedure is not included in the 60-day time limit prescribed for the asylum procedure.
If the applicant arrived to Hungary through the territory of any one of specific European countries, in all likelihood his/her application for asylum will be examined in that country, rather than in Hungary. To make such determination is a time consuming process, as Hungary is required to contact the refugee authority of that other country. The procedure will be suspended for that duration.
What the competent authority’s decision relating to the asylum application is based upon?
The competent refugee authority shall make its decision relying on the applicant’s account given in the asylum procedure during the interview, the evidence supplied and obtained, and based on the information available on the applicant’s country of origin.
What happens if the authority decides to grant refugee status or subsidiary protection to the applicant?
In that case the foreign national to whom refugee status or subsidiary protection has been granted will enjoy the same rights as Hungarian citizens, with some statutory restrictions. The National Directorate-General for Aliens Policing provides support and assistance to persons to whom refugee status or subsidiary protection has been granted so as to facilitate their integration into the Hungarian society as soon as possible.
What happens if the authority does not grant refugee status or subsidiary protection to the applicant?
In that case the authority will check whether the principle of non-refoulement applies to the applicant, meaning that in its decision it will indicate whether the asylum seeker can be returned to his/her country of origin or not. If the authority finds that the principle of non-refoulement applies, the applicant will be given temporary protection. Temporary protection is a special arrangement authorising the foreign national to remain in Hungary provisionally.
If the principle of non-refoulement does not apply, the authority will determine if the applicant can be expelled or deported. If expulsion can be ordered, the refugee authority shall bring a decision for the foreign national’s expulsion.
Where to seek remedy if the asylum seeker’s application is refused?
If your application is refused you may appeal the decision in the court of law within the time limit specified in the decision. The court will either uphold the decision of the authority, or may abolish the authority’s decision and order the Office to re-examine the application.
WHAT AID AND SUPPORT THE REFUGEES ARE ENTITLED TO RECEIVE?
Refugees and persons admitted for subsidiary protection are entitled to all social aid and support provided for by law and local regulations under the same terms as to Hungarian citizens. Their status affords rights and obligations comparable to those of Hungarian citizens. Additionally, they also have access to various aids and support granted under Government Decree 301/2007 (XI. 9.) on the Implementation of Act LXXX of 2007 on Asylum (hereinafter referred to as “Government Decree”) for the purpose of providing basic living conditions during the initial period of their recognition.
Is there any difference between refugees and persons admitted for subsidiary protection in terms of eligibility for aid and support?
The Asylum Act and its implementing decree do not make any distinction between refugee or subsidiary protection status in relation to entitlements to aid and support.
What are the general conditions for eligibility for aid and support?
On general principle, refugees and persons admitted for subsidiary protection are entitled to receive aid and support under the relevant government decree if considered indigent.
Eligibility for aid and support depends on the recipient’s financial and income situation, which is determined in accordance with Act III of 1993 on Social Administration and Social Welfare Benefits. A refugee and a persons admitted for subsidiary protection is considered eligible for aid and support if the client or his/her spouse or next of kin living in the same household does not have assets available in Hungary from which to support themselves, and the per capita monthly income of his family, comprising the income of all family members living in the same household, including his/her spouse and next of kin, does not exceed:
a) 150% of the prevailing minimum of full old-age pension benefits in the case of single persons;
b) the prevailing minimum of full old-age pension benefits in the case of persons with families.
If refugee status or subsidiary protection is granted to a foreign national, how long can he or she stay in the reception centre?
A foreign national who has been granted refugee status or subsidiary protection may remain in the reception centre and take advantage of its services free of charge for not more than thirty more days after the qualification resolution is delivered, provided that he/she has no other means of accommodation.
What aid and support refugees and person admitted for subsidiary protection are entitled to receive at the reception centre?
· In the case of social eligibility, they shall remain to have access to material reception conditions for not more than thirty additional days after the qualification resolution is delivered (including room and board at the reception centre and travel allowances);
· Healthcare services;
· Reimbursement of the costs of learning and education; and
· Financial support for leaving the country permanently.
What aid and support refugees and person admitted for subsidiary protection placed in a private accommodation are entitled to receive?
· Healthcare services;
· Financial support for leaving the country permanently;
· Support services within the framework of an integration agreement, including integration aid, provided that the request for entering into an integration agreement and the application for integration aid is submitted by 31 May 2016 and that the requirements for eligibility are satisfied.
Under what conditions refugees and person admitted for subsidiary protection are entitled to free healthcare?
If the refugee or person admitted for subsidiary protection is not covered by the social insurance system, they shall be entitled to primary healthcare under specific other legislation, the same as applicants, including screenings and examinations, medical treatment provided under general medicine and to specialised care in cases of emergency. This entitlement covers a period of six months after the qualification resolution becomes final.
Under what conditions refugees and person admitted for subsidiary protection are entitled to financial support for leaving the country permanently?
If returning to the country of origin or relocating to a third country permanently, upon request the refugee authority provides a ticket (flight ticket) on one occasion to the place of destination indicated in the certificate issued by the diplomatic or consular mission of that third country, and may partly or fully reimburse any other justified travel-related expense also on one occasion.
What is the essence of an integration agreement?
In accordance with the amendments with effect from 1 June 2016 this particular type of support was abolished as of 1 June 2016. On the other hand, the amendment also provides that any support that was lawfully awarded previously is to be continued in accordance with the regulations under which it was awarded, meaning that the National Directorate-General for Aliens Policing shall continue to provide integration aid awarded under an effective integration agreement, if the requirements for eligibility remain to be satisfied.
The integration agreement covers an agreement between the client and his/her family and the National Directorate-General for Aliens Policing, whose main function is to provide the framework for the refugee’s integration into the Hungarian society.
What is the duration of an integration agreement?
The duration of the integration agreement is maximum two years from the date of qualification. The integration agreement enters into effect on the date on which it is signed.
What is in the integration agreement?
Apart from the usual content and formal elements, the integration agreement covers the rights and obligations of the parties, featuring the following main clauses:
During the term of the integration agreement, refugees and persons admitted for subsidiary protection must report their place of abode to the refugee authority and the family assistance service; they shall actively co-operate in the implementation of the integration agreement and the objectives set out in the care plan; in the absence of employment, they are required to register for seeking employment within the time limit specified in the care plan; they also required to communicate with the government employment agency on a regular basis, and to actively participate in finding a job; if entering into a contract of employment, they shall notify the relevant authority; they are to appear in events arranged by the family assistance service, and to participate in making environmental studies. Furthermore, they are entitled to make comments to the refugee authority regarding the services they received.
The refugee authority shall provide thorough and easily understandable information about the integration agreement for refugees and persons admitted for subsidiary protection, it shall frequently monitor the performance of the family assistance service or the civil society organisation involved in carrying out the functions of the integration agreement, and shall address any comment made by refugees and persons admitted for subsidiary protection.
What are the conditions for entitlement to integration aid, and how much is the integration aid?
During the term of the integration agreement refugees and persons admitted for subsidiary protection are entitled to integration aid to be awarded by the refugee authority by means of a resolution upon request for the conclusion of an integration agreement. In the case of single persons the aid is provided in the amount of 90,000 HUF/person/month for the first six-month period of the integration agreement; 67,500 HUF/person/month during the second six-month period; 45,000 HUF/person/month during the third six-month period; and 22,500 HUF/person/month during the fourth six-month period. In the case of families the aid is provided in the amount of 85,000 HUF/person/month for the first six-month period of the integration agreement for adult family members and 25,000 HUF/person/month for minors; 63,750 HUF/person/month during the second six-month period for adult family members and 18,750 HUF/person/month for minors; 42,500 HUF/person/month during the third six-month period for adult family members and 12,500 HUF/person/month for minors; and 21,250 HUF/person/month during the fourth six-month period for adult family members and 6,250 HUF/person/month for minors. The amount of aid provided to families in a month may not exceed HUF 215,000 in total.
When payment of integration aid can be suspended?
The provision of aid and services specified in the integration agreement may be suspended if the refugee or the person admitted for subsidiary protection fails to meet his/her obligations under the integration agreement for an uninterrupted period of 30 days through his/her own fault; if he/she makes a false statement regarding his/her assets or income; if more than 30 days of inpatient care is required for him/her in a medical institution; or if he/she is indicted in criminal proceeding for a crime punishable by imprisonment of three years or more.
When payment of integration aid can be terminated?
The provision of aid and services specified in the integration agreement may be cancelled if the circumstances of suspension persist even after a specific period of time; if the client is convicted of an intentional crime by final ruling; if the client abandoned his/her status or such status was withdrawn by the refugee authority. The provision of aid and services specified in the integration agreement may be suspended or cancelled on condition that it does not endanger the situation of the family members of the person enjoying international protection.
