On 18 June 2020, the Hungarian Government adopted Act VIII 2020 on Transitional Provisions related to the Termination of the State of Danger and on Medical Preparedness (the Omnibus Bill).

The Omnibus Bill follows Decree 233/2020 (V.26), which was introduced at the end of May 2020 and provides clarification of asylum procedures during the state of danger. In accordance with the Bill those present at the territory of Hungary or at the border crossing points cannot apply for asylum in Hungary, but are directed to the nearest Embassy. However, the Omnibus Bill does not restrict embassies to outside of the Schengen Zone, but allows the Government to issue a separate Decree that defines precisely at which Embassies the statement of intent to make an application for asylum can be submitted.

Following the submission of a statement of intent, which may be made through a prescribed form, authorities may conduct remote interviews before issuing a single-entry permit to make an application for asylum. It is no longer possible to apply for asylum on the territory of Hungary, neither at the border crossing points with the exception of three categories of persons: those already holding subsidiary protection status in Hungary; those recognised as a refugee or as having subsidiary protection for their family members; and anyone subject to measures restricting their liberty unless they are found to have entered the territory irregularly.

The Bill will be in force until end of 2020, although it is possible that it may be extended.

Based on an unofficial translation by the EWLU team. Many thanks to Grusa Matevzic, Senior Legal Officer at the Hungarian Helsinki Committee, and Andras Lederer, Information and Advocacy Officer at the Hungarian Helsinki Committee, for assisting the team with this summary.

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Photo: (cc) jemufo, April 2010 

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