The updated Country Report on Hungary provides a detailed overview of developments in the asylum procedure, reception conditions and detention, as well as content of international protection.
A quasi-state of exception introduced into Hungarian law in September 2015, entitled as the “state of crisis due to mass migration”, was again prolonged until 9 March 2019. During this state of crisis special rules apply to third-country nationals irregularly entering and/or staying in Hungary and to those seeking asylum, and certain provisions of Asylum Act are suspended.
Asylum procedure: A new inadmissibility ground was introduced into the Asylum Act in July 2018, consisting of a hybrid between the safe third country and first country of asylum concepts. Compliance of such a ground with the recast Asylum Procedures Directive was raised in a preliminary reference by the Metropolitan Court, while it also led the European Commission to start an infringement procedure. There is no automatic suspensive effect of the appeals against the inadmissible decision based on the new ground. All asylum seekers applying for asylum after July 2018 have received inadmissible decisions, except for the former Prime Minister of North Macedonia who was granted refugee status.
In 2018, no transfers to Hungary were implemented under the Dublin Regulation. With regard to outgoing Dublin procedures, improvements were noted in the efforts of the Immigration and Asylum Office (IAO) to organise transfers to other countries.
Reception conditions: No major changes occurred. Still very few asylum seekers reside in open reception centres. By the end of 2018, only 3 persons were accommodated at the open reception centres, as the majority of asylum seekers continued to be de facto detained in transit zones.
Content of international protection: Accommodation free of charge is provided exclusively by civil society organisations and church-based organisations. The situation was aggravated by the fact that the Ministry of Interior withdrew all the calls for tenders funded by the Asylum, Migration and Integration Fund (AMIF) in the beginning of 2018. This means that by 30 June 2018 all those programs had ceased of which integration support activity relied on this fund.
*This information was first published by AIDA managed by ECRE