Persons seeking and receiving international protection (asylum applicants, refugees, beneficiaries of subsidiary protection, persons authorised to stay and stateless persons)
A small group of aliens arriving to Hungary are made up by those seeking or needing international protection: asylum applicants, refugees, beneficiaries of subsidiary protection, persons authorised to stay and stateless persons.
Refugee: According to the Geneva Convention Relating to the Status of Refugees (1951) and in conformity with Hungarian legislation based on the Convention, a refugee is an alien who – owing to being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, or owing to well-founded fear of such persecution – is residing outside the country of his or her origin, and is unable to or, owing to fear of persecution, is unwilling to accept the protection offered by his or her country of origin. In 2010, there were 1887 refugees in Hungary. In 2011, 47 persons were qualified as refugees; they arrived from places including the West Bank, the Gaza Strip and Somalia.
On the basis of Directive EC 2004/83 of the European Union and in conformity with Hungarian legislation based on the Directive, a beneficiary of subsidiary protection is a person who does not qualify as a refugee, but there is a risk that he or she would be exposed to serious harm if returned to his or her country of origin and is unable to or, owing to fear of this risk, is unwilling to accept the protection offered by his or her country of origin (subsidiary protection). Serious harm is the threat of death penalty, or the use of torture or inhuman or degrading treatment or punishment; a serious threat to a civilian's life or person by reason of indiscriminate violence in situations of international or internal armed conflict. In 2010, there were 391 beneficiaries of subsidiary protection in Hungary. In 2011, 98 persons were qualified as beneficiaries of subsidiary protection. The majority of them arrived to Hungary from Afghanistan.
As specified by Hungarian legislation, a person authorised to stay is an alien who temporarily cannot be sent back to his her country of origin because after returning he or she would be exposed to death penalty, torture, or cruel, inhuman or humiliating treatment or punishment, and there is no third country that authorises this person to stay, and he or she is not entitled to being qualified for being a refugee or a stateless person. The protection of the persons mentioned above is guaranteed by the principle of non-refoulement of international law. In 2010, there were 258 persons authorised to stay in Hungary. In 2011, 11 persons were recognised as persons authorised to stay.
An asylum seeker is an alien who applies for asylum, that is, for one of the three statuses defined above. Asylum seekers are entitled to reside in Hungary during the examination of his or her first application and to receive benefits and support defined by EU law. In 2011, there were 1693 asylum seekers in Hungary. 649 of them arrived from Afghanistan, 211 from Kosovo, 121 from Pakistan, 91 from Syria and 61 from Somalia.
With a few exceptions, , Hungarian law guarantees rights to refugees and persons authorised to stay that are equivalent to those of Hungarian citizens. Moreover, legislation on refugees and sectorial legislation provide them with support and certain benefits in fields that are relevant with regard to living conditions (language training, education, accommodation, healthcare, the acquisition of Hungarian citizenship).
Among others, persons authorised to stay are entitled to employment under the general conditions that apply to third-country nationals. In addition, those in need are entitled to accommodation and benefits for a defined period of time and to basic healthcare.
The Ministry of Interior – relying on the European Refugee Fund and (in the case of persons authorised to stay) on the European Integration Fund – supports programs that complement the above mentioned measures and are intended to enhance the living conditions of persons who seek or receive international protection.
Another type of international protection is the protection of stateless persons. The New York Convention Relating to the Status of Stateless Persons (1954) defines ‘stateless person’ as a person who is not considered as a citizen by any State under the operation of its law. Statelessness may occur due to various reasons, such as the handover of the territory of a state, legal regulations on marriage, the negative discrimination of certain ethnic groups, the lack of registration of births, loss of citizenship or surrender of citizenship. In most cases, the lack of citizenship – which is a serious impairment of rights in itself – results in the serious impairment of the rights of stateless persons: they are frequently stripped of their basic rights and of the protection by any state.
Since 1 July 2007, Hungary has been one of the few Member States which have an extensive and separate procedure for the recognition of statelessness which conforms with the special needs of the applicants. The Hungarian procedure of the establishment of statelessness attracted international attention. It is a legal mechanism acknowledged and studied by the Office of the United Nations High Commissioner for Refugees (UNHCR) and by other states. In the last four years, the procedure of the establishment of statelessness has been operating smoothly. The rate of recognition is relatively high (70%), albeit the number of persons recognised as stateless is very low (less than 50 persons a year). Since 1 July 2007, 336 persons received travel documents for stateless persons, which entitle their holders to visa-free travel in the territory of the European Union.
Persons recognised as stateless persons by the Republic of Hungary receive a residence permit for three years for humanitarian reasons. The permit can be extended several times with a period no longer than one year at a time. The holder of such a permit may apply for a national settlement permit after three years of lawful and uninterrupted residence in Hungary. As specified by general regulation on third country citizens, stateless persons may seek employment in Hungary, are entitled to healthcare whether or not they are insured, and stateless children may receive education in conditions similar to those offered for Hungarian children.