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