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.
For further information:
- ECRE, Hungary: Abolishment of Transit Zone Following CJEU Ruling, May 2020
- ECRE, CJEU: Poland, Hungary, and Czech Republic failed to fulfil obligations under Council Relocations Decisions, April 2020
- ECRE, Hungary: Parliament Approves indefinite Rule by Decree Despite Widespread Protests, April 2020
- ECRE, Hungary: Proposed Law to Extend the State of Emergency Indefinitely, March 2020
- AIDA, Country Report Hungary, 2019 Update, March 2020
- ECRE, Shots Fired, Arrests and Violent Push Back Reported at the Serbian Hungarian Border, January 2020
- ECRE, Hungary: Commission Takes Next Step Regarding Non-provision of Food in Transit Zones, October 2019
- ECRE, ECtHR: Freedom of the Press to Report on the Living Conditions in Reception Centres, October 2019
- ECRE, Hungary: Government Extends the “State of Crisis due to Mass Migration”, September 2019
- AIDA, Hungary: New police department takes over responsibility for asylum, 19 June 2019
- ECRE, Hungarian Helsinki Committee Update Reveals Continued Violations in Transit Zones, April 2019
- ECRE, Hungary Gives Afghan Families ‘an Offer You Can’t Refuse’, May 2019
- ECRE, Hungary: Constitutional Court fails to give sufficient protection to people and organisations working to protect the rights of asylum seekers, March 2019
- HHC/ECRE, Crossing a Red Line: How EU Countries Undermine the Right to Liberty by Expanding the Use of Detention of Asylum Seekers upon Entry, 8 February 2019
- ECRE, Editorial: Any opposition is too much for Orbán, 1 June 2018
Photo: (cc) jemufo, April 2010