However, only lawfully residing persons can apply for stateless status. This
restriction has been severely criticized by numerous actors as being in breach of the
1954 Convention and excluding those most in need of protection from the scope of
the statelessness-specific protection regime.735
Between 2007 and 2010, 109 people applied for stateless status in Hungary, of
which 56 were recognized as stateless persons.736 Between 2011 and August 2014,
104 people applied for status as stateless persons, 67 of whom were granted status.737
The majority of applicants granted stateless status were Palestinians and persons
from the former Yugoslavia or the former Soviet Union.738
Applications based on statelessness must be submitted to the Office of
Immigration and Nationality. Residence permits based on statelessness are granted
for a maximum 3-year period initially and can be renewed for one year at a time.739
However, this residence permit is flawed in that it comes with “seriously restricted
access to the labour market, no access to state-funded higher education, [and] no
preferential treatment with regard to access to health care.”740 Stateless persons
are eligible to apply for citizenship after living in Hungary for 5 years (“having a
registered domicile”).741
Appeals against negative decisions can be made to the Metropolitan Court, and a
further negative decision may be brought to the Supreme Court in a judicial review
procedure in some cases.742
7. Additional Relevant Jurisprudence
Hungary - Metropolitan Court, 29 August 2013, H.A.I. v Office of Immigration and
Nationality (OIN), 3.K.30.602/2013/15743
The applicant was a stateless Palestinian from Lebanon who had worked for
Fatah. He claimed that his life was in danger due to numerous conflicts with other
groups (Usbet Al Ansar, Jund Al Sham), during which several of his companions
were killed. The OIN rejected his application, and the applicant appealed. The Office
735
Ibid.
Gábor Gyulai, Statelessness in Hungary - The Protection of Stateless Persons and the Prevention
and Reduction of Statelessness (Hungarian Helsinki Committee, December 2010), 5.
737
Information provided by Grusa Matevzic.
738
Gyulai, Statelessness in Hungary - The Protection of Stateless Persons and the Prevention and
Reduction of Statelessness, 5.
739
Gábor Gyulai, Statelessness Determination and the Protection Status of Stateless Persons (European
Network on Statelessness, 2013), 36, http://www.statelessness.eu/sites/www.statelessness.eu/
files/attachments/resources/Statelessness%20determination%20and%20the%20protection%20
status%20of%20stateless%20persons%20ENG.pdf.
740
Gyulai, “Statelessness in the EU Framework for International Protection,” 293.
741
Gyulai, Statelessness Determination and the Protection Status of Stateless Persons, 40.
742
Gyulai, “Statelessness in the EU Framework for International Protection,” 292.
743
Metropolitan Court of Hungary, “H.A.I. v. Office of Immigration and Nationality (OIN) [Hungarian],”
August 29, 2013, 3.K.30.602/2013/15, http://www.asylumlawdatabase.eu/sites/www.
asylumlawdatabase.eu/files/aldfiles/Original%20judgment%20-%203.K.30.602-2013-15.pdf.
736
150
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