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 29

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