Detention of vulnerable applicants

Author

Hungarian Helsinki Committee Visit Website

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] At the time of writing, the detailed implementation decree of the GRTCN Act has not yet been published, and it is not possible to tell whether adequate safeguards are envisaged to guarantee their safety while in detention.

No other categories of vulnerable asylum seekers are excluded from detention.

From 28 March 2017 until 21 May 2020, most asylum-seeking families were de facto detained in the transit zones.  Conversely, there was one person with vulnerability in asylum detention in 2021 and none in 2022 nor 2023 nor 2024.^[5]

Asylum detention must be terminated if the asylum seeker requires extended hospitalisation for health reasons.^[6]

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.[7]

^{[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] Section 31/A(8)(d) Asylum Act.}

^{[7] Available here.}