Number of staff and nature of the first instance authority

Hungary

Country Report: Number of staff and nature of the first instance authority Last updated: 15/04/21

Author

Hungarian Helsinki Committee Visit Website

Determining authority

 

Name in English Number of staff Ministry responsible Is there any political interference possible by the responsible Minister with the decision making in individual cases by the determining authority?
National Directorate-General for Aliens Policing (NDGAP) 103 Ministry of Interior Yes No

 

Source: NDGAP, 2 March 2021.

 

The Asylum and Immigration Office ceased to exist on 1 July 2019 as the National Directorate-General for Aliens Policing (NDGAP) was established taking over the responsibility for asylum and aliens policing matters.[1] The Directorate continues to be under the supervision of the Ministry of Interior and having its own budget, but operating as a law enforcement body under the Police Act.[2] While the Directorate kept the institutional structure of its legal predecessor, as being a law enforcement body, the employees – who decided to stay at the Directorate – had to enter to the police personnel and therefore, lost their government employee status. The head of Directorate is the General Director, who is appointed in the same manner as the head of the Office used to be.[3]

The NDGAP, a government agency under the Ministry of Interior, is in charge of the asylum procedure through its Directorate of Refugee Affairs (asylum authority). The NDGAP is also in charge of operating the transit zones (out of operation as of 21 May 2020), open reception centres and closed asylum detention facilities for asylum seekers.

According to the Justice and Law Enforcement Minister Decree no. 52/2007 (XII. 11.) on the institutional structure of asylum,[4] the authority provides regular trainings to its staff. Furthermore, the authority also makes sure that the personnel responsible for asylum cases obtains special knowledge on vulnerable asylum seekers, refugees, beneficiaries of subsidiary protection and beneficiaries of temporary protection.[5] According to the NDGAP,[6] in 2020 there were two modules of the EASO Training Curriculum available in Hungarian at the authority, titled as “Personal interview of vulnerable persons” and “Personal interview of children”. In the autumn of 2020, one staff member of the NDGAP participated in the online training “Reception of Vulnerable Persons Block A: identification of vulnerability and provision of initial support (Part A)” and another staff member attended the training “Reception of vulnerable persons: needs assessment and design of interventions (Part B)”, both organized by EASO. Furthermore, one employee of the Asylum Department attended an online conference organized by EASO on the topic of “Exclusion”. The Documentation Centre is responsible for organising trainings to the personnel of the authority regarding countries of origin and third countries.

Similarly to 2019,[7] in the year of 2020, there were 8 trainings provided for a total of 106 personel of the Asylum Directorate of the NDGAP.[8]

According to the NDGAP, the data on the types of trainings to the case officers and the educational material that is provided and used during these trainings do not qualify as public information. Consequently, they did not provide any information on this matter. NDGAP briefly stated that case officers are obliged to attend trainings that are relevant and necessary for fulfilling their scope of activities.[9]

 

The Ordinance does not specify a unit that deals specifically with the cases of vulnerable asylum seekers. To the knowledge of HHC there is a specialised unit for the cases of unaccompanied minors.

 

 

[1]Sections 1, 2 and 4 of the Government Decree no. 126/2019 (V.30.) on the appointment of the aliens policing body and its powers.

[2]Act XXXIV of 1994 on the Police.

[3]Section 5 point g) of the Police Act.

[4]Section 1(3) of the Police Act.

[5]Section 1(4) of the Police Act.

[6]Information provided by NDGAP on 2 March 2021.

[7]Information provided by NDGAP on 3 February 2020.

[8]Information provided by NDGAP on 2 March 2021.

[9]Ibid.

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation