 7 can lodge this application shall not start later than at the age of 18 years and shall not end earlier than at the age of 21 years;7 The best interests of the child shall be a primary consideration for Hungarian authorities in dealing with all the matters above.8 12. In recent years, Hungary has taken significant steps in order to improve its legal framework concerning the prevention of statelessness at birth. However, Hungarian law does not establish a general safety net against statelessness at birth, according to which any child who would otherwise be stateless would acquire Hungarian nationality at birth. While foundlings automatically acquire Hungarian nationality, safeguards provided by Hungarian law with regard to other children fall short of fully complying with Hungary’s international obligations of preventing statelessness at birth.9 13. In order to prevent statelessness at birth, Hungarian law offers acquiring nationality automatically at birth or subsequently by declaration. That is to say, children who are not granted nationality immediately at birth still have a chance to acquire it later by declaration. Declaration is a non-discretionary process, which means that if the conditions are met, the Office of Immigration and Nationality (OIN) has to accept the declaration. If the OIN believes that the factual conditions are not met, it shall issue a motivated decision about the “rejection of accepting a declaration”, against which legal remedy can be sought.10 However, not only are there insufficient safeguards in the acquisition of nationality automatically at birth (detailed below), but the rules and conditions relating to the declaration are also too strict and in breach of obligations under international law. 14. More specifically, in order to acquire Hungarian nationality by declaration, three conditions must be met. First, the parents must have a domicile11 when the child is born.12 This is contrary to the principle under international law, which says that no condition relating to the legal status of the parents or the child should be allowed.13 Second, the child needs to have 5 years of residence with a domicile,14 whereas 5 years of habitual residence is sufficient under international law.15 Under international law, “habitual residence” is a matter of fact, rather than a specific legal status. Third, the 1961 Convention on the Reduction of Statelessness, Article 1 (2) (a). 1989 Convention on the Rights of the Child, Article 3. 9 Citizenship Act, Section 3 (3) (b). Since 2011, children born to an unknown father and a known mother whose identity is not proved and abandons the child in the hospital after birth are also treated as foundlings and thus automatically acquire Hungarian nationality. 10 Citizenship Act, Section 5/A. 11 The legal concept and eligibility for domicile will be discussed in more detail below. In brief, it is far more than a simple determination of where a person lives. Different rules are in force to distinguish three types of residence: domicile, place of stay, and place of accommodation, with gradually decreasing attachment to the place in question. Not all lawfully staying foreigners are permitted to register a domicile. 12 Citizenship Act, Section 5/A (1) (b). 13 See European Convention on Nationality (1997), Article 6 (2) (b). See also Convention on the Reduction of Statelessness (1961), Article 1 (2). The Committee on the Rights of the Child has also stated that the lack of a legal status of the parents – including their residence status - is not a relevant reason to withhold nationality to children born on the territory of a country, who would otherwise be stateless. 14 Citizenship Act, Section 5/A (1) (b). 15 See European Convention on Nationality (1997), Article 6 (2) (b). See also Convention on the Reduction of Statelessness (1961), Article 1 (2). 8