Author
Vulnerable applicants in asylum detention
Unaccompanied and separated children are explicitly excluded from asylum detention by law.[1] When asylum detention was still widely used, despite that clear ban, UaSC were detained due to incorrect age assessment,[2] as the age assessment methods employed by the police and NDGAP are considerably problematic (see section on Identification). For example, the CPT found during its visit one unaccompanied boy who was detained for 4 days.[3]
Until 1 January 2024, UaSCs were also excluded from detention in general immigration proceedings. Under the GRTCN Act however, UaSCs above the age of 16 may now be detained.[4] However, the HHC is not aware of any such detention actually being ordered.
No other categories of vulnerable asylum seekers are excluded from detention.
According to the NDGAP, there was one person with vulnerability in asylum detention in 2021 and none in 2022, 2023 or 2024.[5] In 2025, the NDGAP reported zero detained persons with special needs, [6] but the HHC was contacted by several detainees, who according to the HHC should have been considered vulnerable and therefore not detained.[7]
Asylum detention must be terminated if the asylum seeker requires extended hospitalisation for health reasons.[8]
The HHC is aware of asylum detention cases, where persons with serious physical and mental health issues as well as LGBTI people were detained.[9]
Vulnerable applicants in transit zones
The transit zones were closed on 21 May 2020. For more information on the situation of vulnerable applicants in transit zones before 21 May 2020, see previous updates of the AIDA report on Hungary.[10]
[1] Section 31/B(2) Asylum Act.
[2] HHC, Information Note on asylum-seekers in detention and in Dublin procedures in Hungary, May 2014, available here, 12.
[3] CPT, Report to the Hungarian Government on the visit to Hungary carried out from 21 to 27 October 2015, 3 November 2016, CPT/Inf (2016) 27, available here, para 60.
[4] Section 131(3) GRTCN Act
[5] Information provided by NDGAP on 7 February 2022, 13 February 2023, 19 February 2024 and 20 February 2025.
[6] Information provided by NDGAP on 9 March 2026.
[7] Practice-informed observation by the HHC, February 2026.
[8] Section 31/A(8)(d) Asylum Act.
[9] Practice-informed observation by the HHC, February 2026.