Author
Pursuant to Section 26(1) of the Asylum Act, ‘reception conditions include material reception conditions, and all entitlements and measures defined in an act of parliament or government decree relating to the freedom of movement of persons seeking asylum, as well as health care, social welfare and the education provided to asylum seekers.’
According to the Asylum Act, asylum seekers who are first-time applicants are entitled to material reception conditions and other aid to ensure an adequate standard of living as regards the health of asylum-seekers until the end of the asylum procedure,[1] i.e. until their appeal has been definitively ruled upon. Beneficiaries of subsidiary protection, family members of refugees or subsidiary protection beneficiaries and those subject to forced measures or punishment affecting personal liberty, who are allowed to lodge their asylum application from within the country in accordance with the rules laid down by the Transitional Act (see the section on Embassy procedure), are subject to material conditions provided by the Asylum Act (in case of the third category of applicants it is reduced as the applicant is held in a detention facility). Asylum seekers who arrive to Hungary via the Embassy procedure are also eligible for reception conditions and after their asylum application is registered.
Until 21 May 2020 though, first-time asylum seekers without lawful Hungarian residence or visa were accommodated exclusively in one of the transit zones immediately after claiming asylum, where they were entitled only to reduced material conditions.[2] Asylum seekers who entered the transit zones could no longer request to stay in private accommodation at their own cost on account of the existent state of crisis due to mass migration.[3]
Asylum seekers who had been residing lawfully in the country at the time of submitting their asylum application and who did not ask to be placed in a reception centre had the right to request private accommodation as their designated place to stay during the asylum procedure.[4]
Only those asylum seekers who are deemed destitute are entitled to material reception conditions free of charge.[5] According to the Asylum Decree, upon submission of the asylum application, the asylum seeker also declares their assets and income.[6] An asylum seeker is deemed destitute if, taking into account the financial situation of their spouse and direct relative, they do not have an asset in Hungary providing for their living, and their total income does not surpass the amount of the social projection base.[7] If an asylum seeker is not destitute, the determining authority may decide to order that the applicant pays for the full or partial costs of material conditions and health care. The level of resources is however, not established in the Asylum Act and applicants have to make a statement regarding their financial situation. Presently, this condition does not pose any obstacle to access reception conditions.
According to the Asylum Act,[8] subsequent applicants shall not be entitled to exercise the right to assistance, support and accommodation.[9] In practice before 21 May 2020, since transit zones were the compulsory places of confinement, accommodation (a bed in a container) was ensured even for subsequent asylum seekers. Regarding the provision of food and other material support though, subsequent applicants in the transit zones could only count on the aid of civil organisations and churches having access to the transit zones (see more at Subsequent Applications).[10] In the context of the right of reply, the authorities stated that “only in cases of persons subject to aliens policing procedures were not provided with reception conditions that can be provided to persons applying for recognition.” However, according to the Asylum Act, subsequent applicants do not have a right to remain, and therefore they are subject to alien policing procedure.
[1] Section 27 Asylum Act.
[2] In the context of the right of reply received by ECRE on 25 June 2024, the authorities stated that reception conditions were not reduced. However, HHC highlights that the content of material reception conditions is limited under the state of crisis due to ‘mass migration’, as described under Forms and levels of material reception conditions..
[3] Section 80/I(d) Asylum Act.
[4] For further information, see previous updates of this report here: https://bit.ly/41vZs9h.
[5] Section 26(2) Asylum Act.
[6] Section 17(1) Asylum Decree.
[7] Section 18 Asylum Decree, corrected following the authorities’ right of reply to the report received on 25 June 2024.
[8] Section 80/K(11) Asylum Act.
[9] Set out in Section 5(1)(b) Asylum Act.
[10] HHC, Turbulent 50 days – an update on the Hungarian asylum situation, 22 May 2017, available at: http://bit.ly/2EFxDAo.