asylum procedure, they are not allowed to establish a domicile. Second, it is not guaranteed that even if the parents have a domicile at the time of the birth that the child will continuously have a domicile in Hungary for 5 years, as their subsidiary protection status may cease and the family may be granted tolerated status, not allowing for the establishment of a domicile. Lack of Most Basic Safeguards and Transparency in the Naturalisation Procedures 24. 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.25 25. The possibility of naturalisation does not offer a solution to the inadequacies of the provisions intended to prevent of statelessness at birth (addressed above). However, stateless persons and persons born in Hungary can apply for naturalisation after continuously residing in Hungary with a domicile for a minimum of 3 years, which is a favourable treatment as compared to the general rule, requiring a minimum of 8 years of residence with a domicile.26 Nevertheless, naturalisation procedures set very difficult material conditions and lack even the most basic fair procedure safeguards. There are no clear thresholds for the material conditions set by the law (livelihood and accommodation). Rejected applicants have no right to be informed about the reasons of the rejection, nor are they entitled to appeal the decision.27 Furthermore, the domicile requirement disadvantages stateless persons, as their statelessness status does not make them eligible for domicile. 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 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 been rarely able to successfully naturalise in Hungary.28 Restrictions on Access to the Statelessness Determination Procedure and Lack of Temporary Status for Applicants 26. 25 Under UNHCR’s interpretation of the 1954 Convention Relating to the Status of Stateless Persons, everyone must have access to statelessness determination procedures in Hungary, as there is no basis in the Convention for a “lawful stay” requirement.29 1954 Convention Relating to the Status of Stateless Persons, Article 32. Citizenship Act, Section 4 (2) (e). 27 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). Upon accession, Hungary made reservations with regard to the relevant Articles 11 and 12 of the European Convention on Nationality (1997). 28 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. 16-17, available at http://www.refworld.org/docid/5310640b4.html. 29 See UNHCR, Handbook on Protection of Stateless Persons under the 1954 Convention Relating to the Status of Stateless Persons (2014), para. 69, available at http://www.refworld.org/docid/53b676aa4.html; UNHCR, Guidelines on Statelessness No. 2: Procedures for Determining Whether an Individual Is a Stateless Person 26

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