Author
Border procedures exist in law but are not applicable at the moment due to the state of crisis due to “mass migration”.[1]
Asylum procedures are rarely conducted in Hungary, due to the restrictive legislation that requires the submission of a statement of intent at the Embassies of Kyiv or Belgrade prior of being allowed to enter Hungary in order to apply for asylum (see Embassy procedure).
Section 35(7) of the Asylum Act provides that in the case of an unaccompanied child (UaSC), the asylum procedure shall be conducted as a matter of priority. Before 2021, this was not always the case. In 2021, the National Directorate-General for Aliens Policing (NDGAP) processed with priority applications from three unaccompanied children and two asylum seekers held in asylum detention.[2] In 2022, the NDGAP processed with priority the applications of unaccompanied children and those held in asylum detention. In 2023, the NDGAP processed with priority applications from 4 asylum seekers held in asylum detention.[3]
[1] Government Decree 41/2016. (III. 9.) on ordering the crisis situation caused by mass migration in relation to the entire territory of Hungary, and other relevant rules concerning the declaration, existence and termination of the crisis situation, Section 5(2).
[2] Information received from the NDGAP, 7 February 2022.
[3] Information received from the NDGAP, 19 February 2024.
Procedures applied in Hungary:
[1] Information received from the NDGAP, 7 February 2022.