Hungary
In 2007, Hungary amended its Aliens Act,39 thereby establishing a dedicated SDP falling
within the jurisdiction of the alien policing authorities. The Act provided that any
individual lawfully staying in Hungary could initiate the procedure. However, the
requirement that applicants were to have lawful stay undermined the object and
purpose of the 1954 Convention. A landmark decision by the Hungarian Constitutional
Court in February 2015 struck out this requirement, finding it in breach of international
law.40
The procedure can be initiated by the applicant through the submission of a written or
oral application at one of seven regional directorates of the National DirectorateGeneral for Aliens Policing (NDAP), depending on the individual’s place of
accommodation or residence in Hungary. If the application is made orally and the
applicant do statelessness determination cannot be initiated ex officio, the Aliens Act
allows the Hungarian authorities to inform individuals who have brought forward
indications of potential statelessness that they may apply for statelessness status. The
application is free of charge.
In principle, separate claims for statelessness and refugee status can be considered in
parallel. However, up to the moment of publishing this paper, all individuals who
presented claims for both asylum and statelessness status have had their statelessness
claim suspended and the asylum claim assessed first.
Following the submission of a claim, a preliminary interview is conducted during which
the applicant is informed of his or her rights and obligations during the procedure. Basic
personal data and information, including, inter alia, place and date of birth, marital/family
status, relevant information on family members, habitual residence, accommodation in
Hungary, and possession of identity and/or travel documents, are recorded at this stage.
The applicant is subsequently invited for a detailed interview. In the exceptional case
where an applicant submits evidence that sufficiently substantiates a claim for
statelessness status during the first interview, the authority can conduct the preliminary
39
Chapter VIII, Act II of 2007 on the Admission and Right of Residence of Third-Country Nationals and the Government
Decree 114/2007 (V. 24.) on the Implementation of Act II of 2007 on the Admission and Right of Residence of Third-Country
Nationals [Hungary], Act II of 2007, (Aliens Act), 1 July 2007, available at: http://www.unhcr.org/refworld/docid/4979cae12.html
40
Please see Resolution 6/2015 (II.25.) of the Constitutional Court on the determination whether the term “lawfully” in
Section 76(1) of Act II of 2007 on the conditions of Entry and Stay of Third-Country Nationals is contrary to the Fundamental Act
and the annulment thereof, Hungary: Constitutional Court, 25 February 2015, available at: http://www.refworld.org/
docid/5542301a4.html. The Constitutional Court annulled the contested legal provisions as of 30 September 2015
U N H C R > G P P AC T I O N 6 : E S TA B L I S H I N G S TAT E L E S S N E S S D E T E R M I N AT I O N P R O C E D U R E S
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