Duration of detention

Hungary

Country Report: Duration of detention Last updated: 15/04/21

Author

Hungarian Helsinki Committee Visit Website

The maximum period of asylum detention is 6 months, and 12 months for subsequent applicants, whose cases have no suspensive effect. Families with children under 18 years of age may not be detained for more than 30 days. De facto detention in the transit zones has no maximum time limit.

In 2020, the average period of asylum detention was 77 days. According to the statistics of the NDGAP, there were no families with children placed in asylum detention.[1]

From March 2017- 21 May 2020, asylum seekers who were de facto detained in the transit zone remained there until the end of their asylum procedure (Except for those who were detained at the time of the official closure of the transit zones. They were placed to open reception facilities due to the closure and their asylum procedures was still pending.)

The HHC calculated the average time spent in the transit zones for all our clients, whose cases were either initiated after 1 January 2019 or that were initiated before 1 January 2019 but are still pending on 16 December 2019. The average length of stay of this asylum-seeking population (altogether 363 persons) in one of the transit zones is 188 days. This statistical average includes asylum-seekers who applied for asylum in 2018 but their asylum procedure is still pending on 16 December 2019, as well as those who applied for asylum in November 2019 and their asylum procedure is still pending, therefore the data is characterised by significant deviation. Some very disturbing facts are the following:

  • Average length of stay during the asylum procedure in one of the transit zones of those who applied for asylum in Q1 of 2019 or before, but their asylum procedure is still pending on 16 December 2019, is 309 days.
  • Average length of stay during the asylum procedure in one of the transit zones of unaccompanied children whose asylum procedures were initiated after 1 January 2019, calculated on 16 December 2019, is 289 days.
  • Average length of stay during the asylum procedure in one of the transit zones of families with 4 or more children, whose asylum procedures were either initiated after 1 January 2019, or before 1 January 2019 but are still pending on 16 December 2019, calculated on 16 December 2019, is 198 days.
  • In none of the asylum procedures conducted in the transit zone in 2019 where the HHC provided legal representation did the asylum authority release the applicant within 28 days. The shortest time an asylum-seeker represented by the HHC had to stay in one of the transit zones until their release was 57 days. The longest time an asylum-seeker represented by the HHC has been staying in the transit zone in their still pending asylum procedure is 474 days as of 16 December 2019. [2]

 

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

[2]       HHC, Statistical Brief Series on formal detention orders vs placement in the transit zones, 3 February 2019, available at: https://bit.ly/2IbFvNw.

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