Annex I Hungary: Act II of 2007 on the Admission and Right of Residence of Third-Country Nationals and Government Decree 114/2007 (V.24.) on the Implementation of Act II of 2007 on the Admission and Rights of Residence of Third-Country Nationals Legal Basis/Determining Authority Alien Policing Directorates of the National DirectorateGeneral for Aliens Policing (NDAP). Separate from the asylum authority. Conditions for access No conditions for access to procedure. Submission in writing/orally Submissions can be made orally or in writing. Centralized/decentralized Suspensive effect of removal order Right to stay during the procedure Decentralized procedure. The law requires the issuance of a certificate of temporary residence for the duration of the procedure, if the applicant does not have authorization to reside in the country. A suspensive effect of removal orders is not explicitly provided in the law. In practice, certificate of temporary residence is not necessarily issued to stateless applicants who are subject to immigration detention and/or to expulsion proceedings. Interview Yes, mandatory. Legal aid Provision for access to State funded legal aid in the law, but ineffective in practice. Burden of proof Rests with the applicant, though shared in practice upon the applicant’s request. Right to appeal Yes. Facilitated naturalization Yes. 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 51

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