limited. This does not include maternity care, for example, which is only available to
those who can establish domicile i.e., usually after three years’ legal residence and/or
on acquiring permanent residence.83
ISSUE 3 – The right of stateless persons to acquire a nationality
through facilitated naturalisation
42. Under its international obligations, Hungary “shall as far as possible facilitate the
assimilation and naturalisation of stateless persons. In particular, it shall make every
effort to expedite naturalisation proceedings and to reduce as far as possible the charges
and costs of such proceedings”.84
43. Stateless persons can apply for facilitated naturalisation after continuously residing in
Hungary with a ‘domicile’ for a minimum of three years, compared to the required five
or eight years of ‘domicile’ for other groups.85 However, stateless persons face barriers
to acquiring 'domiciled' residence in Hungary, which can only be requested after a
minimum of three years’ residence with humanitarian protection status.
44. Naturalisation procedures set very difficult material conditions and lack even the most
basic fair procedural safeguards. There are no clear thresholds for the material
conditions set by the law (livelihood and accommodation). Stateless people must meet
all other general requirements for naturalisation such as passing a constitutional exam,
income and language requirements, and costly translation and certification of
documents. People refused naturalisation have no right to be informed about the
reasons for the refusal, nor are they entitled to appeal the decision. 86 These
shortcomings are partly related to significant reservations made by Hungary upon its
accession to the European Convention on Nationality.87
45. In practice, stateless people must wait many years before they can naturalise, and then
only in a completely discretionary and non-transparent procedure. There is also a
general lack of detailed statistical data from the Government concerning the access to
Hungarian nationality through naturalisation of beneficiaries of international protection
and stateless persons. As a result, due to the lack of transparency or any judicial scrutiny,
decisions on naturalisation are often taken in a questionable manner, rejecting
candidates who apparently fulfil all conditions, with a specific negative impact on
refugees and other beneficiaries of international protection, who have rarely been able
to successfully naturalise in Hungary.88 The NDGAP confirmed that between 2016 and
83
Act CLIV of 1997 on Health, Section 142 (3).
1954 Convention Relating to the Status of Stateless Persons, Article 32.
85 Citizenship Act, Section 4 (2) (e).
86 Citizenship Act, Section 6 (2); Government Decree 125/1993 (IX.22.) on the implementation of Act LV of 1993.
on the Hungarian Citizenship, Sections 4 (2) and 12 (1).
87
Upon accession, Hungary made reservations with regard to the relevant Articles 11 and 12 of the European Convention on
Nationality (1997).
88 See relevant statistics and a demonstrative case study in Gábor Gyulai, Nationality Unknown? An Overview of the Safeguards
and Gaps Related to the Prevention of Statelessness at Birth in Hungary, Hungarian Helsinki Committee, January 2014, pp. 1617: http://www.refworld.org/docid/5310640b4.html.
84
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