Bevándorlási és Állampolgársági Hivatal

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CONTENT

Please note that the procedural rules relating to the granting of stateless status have changed with effect from 1 January 2018.

ELIGIBILITY

An application for stateless status may be submitted by a third-country national residing in the territory of Hungary who is presumed not to have citizenship in any state.

The applicant shall not be entitled to stateless status and his/her application shall be refused by way of a formal resolution if the applicant:

a) falls within the scope of Paragraph 2 of Article 1 of the United Nations Convention relating to the Status of Stateless Persons signed in New York on 28 September 1954, promulgated by Act II of 2002; that is:

(aa) he or she falls under protection or assistance from organs or agencies of the United Nations other than the United Nations High Commissioner for Refugees, insofar as that protection or assistance is available;

(ab) he or she is recognised by the competent authorities of the country in which he or she has taken residence as having the rights and obligations which are attached to the possession of the nationality of that country;

(ac) there are serious reasons for considering that:

- he or she has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments;

- he or she has committed a serious non-political crime outside the country of refuge prior to his or her admission as a refugee;

- he or she has been guilty of acts contrary to the purposes and principles of the United Nations;

or

b) he or she has terminated his/her nationality deliberately, with a view to obtaining stateless status.

 

DEFINITIONS

Stateless person

 

INFORMATION ON SUBMITTING APPLICATIONS AND THE RELATED PROCESS

Proceedings for granting stateless status are opened upon the submission of a request to the immigration authority of jurisdiction by reference to the applicant’s residence, habitual residence or place of accommodation for stateless status by a person who resides in the territory of Hungary, which is to be presented verbally or in writing.

A request submitted verbally shall be recorded in writing by the immigration authority. The application submitted in writing shall be signed by the applicant. When submitting the application the immigration authority shall inform the applicant about his/her rights and obligations, the legal consequences of any breach of such obligations, and also of the designated place of accommodation.

If the application is submitted verbally and the applicant cannot speak Hungarian, the competent regional directorate shall provide an interpreter who speaks his/her native language or a language he/she understands. An interpreter may not be required if the officer in charge of the case speaks the applicant’s native language or another language he/she understands, and if the applicant so agrees in writing.

The proceedings for granting stateless status are exempt from charges.

The applicant shall attend the proceedings in person and shall be interviewed. The applicant may use his/her native language or a language he/she understands for verbal and written communication during the proceedings. The applicant shall be provided access to legal counselling.

The immigration authority shall terminate the proceedings:

·        in the event of the applicant’s death;

·        if the applicant withdraws his/her application in writing;

·        if the applicant fails to appear for the interview in person in spite of repeated written notices and is unable to justify his/her absence;

·        if the proceeding cannot continue for the applicant’s whereabouts is unknown.

In the proceedings for the granting of stateless status the applicant is required to prove or substantiate his/her stateless status, with particular regard to the State:

·        where his/her place of birth is located;

·        where his/her previous permanent or habitual residence is located; and

·        of the nationality of his/her family members and parents.

If so requested by the client, the immigration authority shall provide administrative help via the Hungarian foreign missions for obtaining the above-specified information.

If so requested by the applicant, the representative of the Office of the United Nations High Commissioner for Refugees may participate in any stage of the proceedings for the recognition of stateless status, and:

·        may be present when the applicant is interviewed;

·        may provide administrative assistance to the petitioner;

·        may gain access to the documents of the proceedings and make copies thereof;

·        the immigration authority shall send the administrative resolution or court decision to him/her.

The regional directorate shall adopt a decision within 45 days in conclusion of its proceedings for the recognition of stateless status.

A resolutions adopted in proceedings for the granting of stateless status may not be appealed. The resolution may be challenged by bringing administrative action within 15 days. The Budapest Court of Public Administration and Labour – having exclusive jurisdiction in such cases – shall adopt a decision within ninety days of receipt of the petition.

 

Stateless status shall be withdrawn if:

-          the stateless person has voluntarily reacquired his or her lost nationality;

-          the stateless person has acquired a new nationality;

-          it was granted in spite of the existence of the exclusion clauses provided for by law, or if falling under the said exclusion clauses;

-          the conditions for the resolution on which the recognition was based did not exist at the time it was adopted;

-          the refugee has misled the authorities during the procedure for determining statelessness by presenting false information or documents or by withholding relevant information or documents, provided that it had a decisive impact on the decision for determining statelessness.

The competent immigration authority shall adopt a decision within forty-five days in proceedings for the review of stateless status.

 

FORM

The request may be presented verbally or in writing, without having to use a special form.

 

MANDATORY ENCLOSURES

An application for the granting of stateless status shall be accompanied by the applicant’s foreign documents evidencing his/her identity, his/her travel documents, and all other documents that may be admissible to support the applicant’s statements. The documents enclosed shall be returned to the applicant when the resolution adopted in conclusion of the case becomes definitive.

 

ISSUE AND VALIDITY OF A HUMANITARIAN RESIDENCE PERMIT

In the absence of the requirements for a residence permit specified in Act II of 2007 on the Admission and Right of Residence of Third-Country Nationals his Act, a residence permit shall be granted on humanitarian grounds to a person recognised by Hungary as a stateless person.

The validity period of a residence permit granted on humanitarian grounds shall be three years, and it may be extended by up to one additional year at a time.

 

ACCRUED RIGHTS AND OBLIGATIONS

The immigration authority shall issue a travel document – upon request – to a stateless person residing in the territory of Hungary for the purpose of re-entry to the territory of Hungary, within the period of validity, from his/her travel abroad. The travel document shall be valid for one year from the date of issue.

The competent regional directorate shall confiscate the previous travel document issued to the stateless person by the competent authority of another state, and shall return it to the issuing authority via the diplomatic mission or consular post of the country in question. If a stateless person is granted citizenship, his/her travel document issued under statelessness must be surrendered within 15 days at the regional directorate of jurisdiction by reference to the place where his/her residence is located.

A third-country national holding a valid residence permit has the right of entry without a visa and the right of residence in the territory of Schengen Member States not exceeding ninety days within a one hundred and eighty day period.

If the third-country national holds a residence permit granted on humanitarian grounds provided for in the relevant legislation plans to enter into a contract for employment relationship, the regional directorate responsible for the place of accommodation shall open proceedings ex officio for the issuance of a single permit. Please, click here to access detailed information on the single application procedure.

 

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