If yes, do asylum-seekers or foreigners in other relevant situations (for example facing expulsion,
extradition or removal measures) have access to it?
If yes, the same type of access to free legal aid should be granted to applicants for stateless
status, too.
If there is no state-funded legal aid in the country, are there specific provisions that facilitate the access of
asylum-seekers or foreigners in other relevant situations to free-of-charge legal assistance (for example
offered by civil society organisations)?
If yes, the same type of access to free-of-charge legal assistance should be granted to applicants for
stateless status, too.
IV.4 Access to and the supervisory role of UNHCR
A) Summary of international standards
In statelessness determination procedures the applicants’ access to UNHCR should be guaranteed. In addition,
UNHCR can facilitate enquiries made by statelessness determination authorities with authorities of other states
and can act as an information resource on nationality laws and practices.64
B) Existing good practices
Hungarian legislation explicitly stipulates that the determining authority shall take UNHCR’s opinion into
consideration.65 In addition, the law provides a wide range of rights to UNHCR in the statelessness determination
process:
The representative of the United Nations High Commissioner for Refugees may take part in any stage of the
statelessness determination procedure. Accordingly, the representative
(a)
(b)
(c)
(d)
may be present at the applicant’s interview;
may give administrative assistance to the applicant;
may gain access to the documents/files of the procedure and may make copies thereof;
shall be provided with the administrative decision and the court’s judgement by the alien policing authority.66
64 See UNHCR Statelessness Guidelines 2, Para 19
65 Government Decree 114/2007.(V. 24.) on the execution of Act II of 2007 on the Admission and Right of Residence of Third-Country Nationals,
Section 164 (1)
66 Act II of 2007 on the Admission and Right of Residence of Third-Country Nationals, 1 July 2007, Section 81
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