The Asylum Act lays down an accelerated procedure, where the NDGAP is expected to pass a decision within the short timeframe of 15 days. In 2019 and in 2020, the accelerated procedure was not used. The HHC is aware of one case in 2021. As for 2021, the NDGAP did not provide the requested data on accelerated procedures.
The law provides 10 different grounds for referring an admissible asylum claim into an accelerated procedure, where the applicant:
- Discloses only information irrelevant for recognition as both a refugee and a beneficiary of subsidiary protection;
- Originates from a country listed on the European Union or national list of safe countries of origin as specified by separate legislation;
- Misled the authorities by providing false information on his or her identity or nationality
- by providing false information;
- by submitting false documents; or
- by withholding information or documents that would have been able to influence the decision-making adversely;
- Has destroyed or thrown away, presumably in bad faith, his or her identity card or travel document that would have been helpful in establishing his or her identity of nationality;
- Makes clearly incoherent, contradictory, clearly false or obviously unlikely statements contradicting the duly substantiated information related to the country of origin that makes it clear that, on the basis of his or her application, he or she is not entitled to recognition as a refugee or beneficiary of subsidiary protection;
- Submitted a subsequent application that is not inadmissible;
- Submitted an application for the only reason of delaying or frustrating the order of the alien policing expulsion or carrying out of the expulsion ordered by the refugee authority, the alien police authority or the court;
- Entered into the territory of Hungary unlawfully or extended his or her period of residence unlawfully and failed to submit an application for recognition within a reasonable time although he or she would have been able to submit it earlier and has no reasonable excuse for the delay;
- Refuses to comply with an obligation to have his/her fingerprints taken; or
- For a serious reason may pose a threat to Hungary’s national security or public order, or he or she was expelled by the alien policing authority due to harming or threatening public safety or the public order.
The application cannot be rejected solely on the grounds of failing to submit an application within a reasonable time.
In accelerated proceedings, the NDGAP, with the exception of the case when the applicant originates from a safe country of origin, shall assess the merits of the application for recognition in order to establish whether the criteria for recognition as a refugee or beneficiary of subsidiary protection exist.
In the event of applying an accelerated procedure to an applicant originating from safe country of origin, the applicant, when this fact is communicated to him or her, can declare immediately but within 3 days at the latest why in his or her individual case, the specific country does not qualify as a safe country of origin. Where the safe country of origin fails to take over the applicant, the determining authority shall withdraw its decision and continue the procedure.
Besides, despite the possibility to request the suspension of the execution of the expulsion, the NDGAP starts the execution of the expulsion procedure before the 7 days available for submitting an appeal against the negative decision in accelerated procedures or inadmissible cases. As a result, asylum seekers are immediately brought to immigration detention, which was also the case in the above-mentioned examples. The NDGAP claims that if a person requests for suspension of the execution of the expulsion, they would not start to execute expulsion until a decision on the suspensive effect is taken by the court. However, in practice, asylum seekers are not informed about the possibility to request the suspension of the expulsion and, even when informed, they do not understand the significance of this information. In all cases where suspensive effect is not automatic, it is difficult to imagine how an asylum seeker will be able to submit a request for the suspension of his or her removal as he or she is typically without professional legal assistance and subject to an unreasonably short deadline to lodge the request. Further exacerbating asylum seekers’ position, the rules allowing for a request to grant suspensive effect to be submitted are not found in the Asylum Act itself, but they emanate from general rules concerning civil court procedures.
As of 1 January 2021, a Gov. decree 570/2020. (XII. 9.) is in force and its Section 5 removes the possibility to ask for interim measures in order to prevent expulsion in case of violation of epidemic rules or when expulsion is ordered based on the risk to national security or public order. This has serious consequence for people, who have been expelled prior to submitting their asylum application, as in case their asylum application is rejected in an accelerated procedure, the appeal does not have a suspensive effect and even if it is requested, it does not suspend the expulsion that was ordered prior to the asylum procedure. The HHC submitted a complaint to the European Commission, which is still pending as of March 2022. However, the Commission already indicated that based on initial analysis, it appears that the problem raised in the complaint may indicate a possible infringement of the Return Directive. The HHC is aware of one such case, where an asylum applicant was rejected in an accelerated asylum procedure and was deported prior his appeal even reached the court. The rejection decision was communicated to the lawyer in an email when the applicant was already on the plane. The application of this decree was challenged by the HHC in several cases, unfortunately unsuccessfully so far. Even the Supreme Court of Hungary (Kúria) did not find the deprivation of a right to ask for suspensive effect problematic.
15 days for processing a first-time asylum application is – as a general rule – an insufficient time period for ensuring the indispensable requirements of such a procedure, including finding the right interpreter, conducting a proper asylum interview, obtaining individualised and high-quality country information, obtaining – if necessary –medical or other specific evidence, and an eventual follow-up interview allowing the asylum seeker to react on adverse credibility findings or legal conclusions. This extremely short deadline is therefore in breach of EU law, which requires reasonable time limits for accelerated procedures, “without prejudice to an adequate and complete examination being carried out” and to the applicant’s effective access to basic guarantees provided for in EU asylum legislation.
Also, in contradiction to the relevant EU rule, Hungarian law does not provide any specific safeguard that would prevent the undue application of accelerated procedures to asylum seekers in need of special procedural guarantees.
The rules governing the appeal in accelerated procedure are the same as in case of inadmissible decisions (see section on Admissibility Procedure).
 Section 47(2) Asylum Act.
 Information not provided by the NDGAP on 7 February 2022.
 Section 51(7) Asylum Act.
 Section 51(8) Asylum Act.
 Section 51(9) Asylum Act.
 Section 51(11) Asylum Act.
 Section 51A Asylum Act.
 The latter being mandatory under EU law as interpreted by the CJEU. See Case C-277/11 M.M. v. Minister for Justice, Equality and Law Reform, Ireland, Attorney General, Judgment of 22 November 2012 and Case C-349/07 Sopropé – Organizações de CalçadoL da v Fazenda Pública, Judgment of 18 December 2008.
 Recital 20, Article 31(2) and (9) recast Asylum Procedures Directive.
 Recital 30 recast Asylum Procedures Directive.