Reduction or withdrawal of reception conditions

Hungary

Country Report: Reduction or withdrawal of reception conditions Last updated: 30/11/20

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Sections 30 and 31 of the Asylum Act regulating the reduction and withdrawal of material reception conditions shall not be applied in the current state of crisis due to mass migration. Pursuant to the legislative changes, no decision has been issued on the reduction or the withdrawal of the reception conditions since 2017.[1]

Otherwise, Section 30(1) lays down the grounds for reducing and withdrawing material reception conditions. These include cases where the applicant:

(a)   Leaves the private housing designated for him or her for an unknown destination, for a period of at least 15 days;

(b)   Deceives the authorities regarding his or her financial situation and thus unlawfully benefits from reception;

(c)   Lodges a subsequent application with the same factual elements; or

(d)   Does not comply with reporting obligations relating to the asylum procedure, does not supply the required data or information or fails to appear at personal hearings.

Furthermore, the NDGAP may consider sanctions in designating a place of accommodation if the person seeking recognition grossly violates the rules of conduct in force at the designated place of accommodation, or manifests seriously violent behaviour.[2] All in all, emergency health care services must be provided even in the event of the reduction or withdrawal of reception conditions.[3]

A decision of reduction or withdrawal is issued by the NDGAP and is based on a consideration of the individual circumstances of the person. The decision contains the reasoning. The reduction can be in the form of retaining the monthly financial allowance. The reduction or the withdrawal should be proportionate to the violation committed and can be ordered for a definite or for an indefinite period of time with the possibility of judicial review.[4] The Asylum Act furthermore stipulates that emergency health care services must be provided at all times even in the event of the reduction or withdrawal of reception conditions.[5]  If circumstances have changed, reception conditions can be provided again. The request for judicial review shall be submitted within 3 days and it does not have a suspensive effect.[6] The applicant has a right to free legal assistance.

According to Section 39(7) of the Asylum Decree, if asylum seekers turn out to have substantial assets or funds, they will be required to reimburse the NDGAP for the costs of reception. If the sum value of the benefits and services is received without entitlement, the NDGAP shall order the collection of the sum repayable – and treated as outstanding public dues enforced as taxes – unless it is repaid voluntarily.[7]

As of January 2018, recuperation of financial claims can be ordered by the NDGAP and implemented via the national tax authority.[8] According to Section 32/Y(4) of the Asylum Act the person concerned shall be required to pay a default penalty if he or she has failed to comply with a payment obligation. There is no independent remedy set out in the law against such an enforcement order issued by NDGAP, however it can be challenged before the administrative court .[9] As of January 2019,[10] the head of the authority might authorise the instalment payment or the postponement of the payment upon the request of the applicant.



[1]           Information provided by former IAO, 12 February 2018; 12 February 2019.

[2]           Section 30(2) Asylum Act.

[3]           Section 30(3) Asylum Act.

[4]           Section 31 Asylum Act.

[5]           Section 30(3) Asylum Act

[6]           Section 31(1) Asylum Act.

[7]           Section 26(5) Asylum Act.

[8]           Section 32/Y Asylum Act.

[9]           Section 32/Y(1) Asylum Act.

[10]          Act CLXXXIII of 2018 on the modification of the Asylum Act.

 

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