appropriate country to process the applicant’s asylum claim in light of the Dublin
Regulation.712 The preliminary proceedings must not last longer than thirty days.713
After the preliminary evaluation, the OIN will examine the asylum application
on the merits and determine whether the asylum seeker has met Hungary’s refugee
requirements.714 During this examination, the Officer for National Security will issue
an opinion on whether the applicant poses a national security risk. The Officer for
National Security will begin conducting his or her investigation within sixty days
after the preliminary proceedings.715 A final decision must be provided to the asylum
seeker in Hungarian and translated orally in his or her preferred language.716
3. Refugee Status Determination Process: The Legal Framework
Hungary has adopted the refugee definition of Article 1A(2) of the Refugee
Convention.717 Hungary excludes applicants with refugee status claims under
Refugee Convention Articles 1D, 1E, and 1F.718
4. Refugee Status Determination: Article 1D
Human Rights Education in the Field of Return719
A published official statement regarding the interpretation of Article 1D in Hungarian asylum law states
that Article 1D does not apply to persons who are already receiving protection from UNRWA. However,
the statement makes clear that UNRWA extends protection over a small part of the Middle East; those
who are outside the area of the UNRWA mandate do not receive protection from UNRWA. As such,
when a Palestinian is outside of the UNRWA area, Hungarian policy is to evaluate his or her claim
under Article 1D.
The treatment of Palestinians under Hungarian asylum law has experienced a
major shift as the result of the El Kott decision.720 Hungary requested an opinion by
the CJEU on the two questions that that the Bolbol decision left open: (1) What is
the meaning of the “ipso facto” language in the second clause of Article 1D?; and (2)
when does UNRWA protection or assistance cease?
Ibid., para. 49. At the time of this Handbook’s publication, Hungary has not incorporated the Dublin
III Regulation into its asylum procedure, however the Regulation is directly applicable and therefore
binding on Hungary (information provided by Grusa Matevzic).
713
Ibid., para. 47.
714
Ibid., para. 58.
715
Ibid., para. 56.
716
Ibid., para. 36.
717
Ibid., para. 5(1).
718
Ibid., para. 7(1).
719
Országos Bírósági Hivatal [National Judicial Office], Emberi Jogi Képzés a Visszatérés Területén
[Human Rights Education in the Field of Return], 2012 - 2013, October 6, 2013, 239–242, http://
www.birosag.hu/sites/default/files/allomanyok/project_docs/emberi_jogi_kepzes_oktatasi_
segedanyag.pdf.
720
Ibid.
712
146
Handbook on Protection of Palestinian Refugees
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