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.
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