The Hungarian government has passed an amendment in the national legislation on March 7th 2017. The content is a blatant attack on people who are seeking international protection. Several legal rights professionals have done a great job reacting to the content of the legislation, and explaining why it is in such striking contradiction with existing laws (the Hungarian Helsinki Committee, UNHCR, UNICEF, Amnesty International, Human Rights Watch), so Migszol will in turn try to open up these obscure legal changes to reveal what it does to people on a very practical level.
In a nutshell, without a word of exaggeration: the law amendment changes an already ill-functioning national asylum system into a physically isolated, fenced off container camp area at the Southern border, and allows for the authorities to keep the rest of the country ‘clean’ of people seeking protection. The camp area will be a center for processing and managing its people regardless of who they are, where are they coming from, how old they are or what they need. The same in facts: the amendment legalizes detention for all asylum seekers, including children in families and unaccompanied minors over 14. The law will also allow for a ‘collection’ of asylum seekers from all around the country (more on that below). The timeframe for appealing a negative asylum decision is now shortened, from the already extremely short deadlines, to three calendar days, and asylum applications can now be rejected also based on “not cooperating” with the authorities, in which case the case will be closed and the person will be pushed to Serbia with no way to appeal the decision. In case of a negative decision, the asylum seeker should also pay for their own detention, such as accommodation and food, to the Hungarian state. The new amendment also makes it possible to apply for asylum only through the transit zones which is extremely problematic considering the fact that only five people per working day are allowed to access a transit zone from Serbia and waiting times are around one year at the moment.
In a nutshell, without a word of exaggeration: the law amendment changes an already ill-functioning national asylum system into a physically isolated, fenced off container camp area at the Southern border, and allows for the authorities to keep the rest of the country ‘clean’ of people seeking protection. The camp area will be a center for processing and managing its people regardless of who they are, where are they coming from, how old they are or what they need. The same in facts: the amendment legalizes detention for all asylum seekers, including children in families and unaccompanied minors over 14. The law will also allow for a ‘collection’ of asylum seekers from all around the country (more on that below). The timeframe for appealing a negative asylum decision is now shortened, from the already extremely short deadlines, to three calendar days, and asylum applications can now be rejected also based on “not cooperating” with the authorities, in which case the case will be closed and the person will be pushed to Serbia with no way to appeal the decision. In case of a negative decision, the asylum seeker should also pay for their own detention, such as accommodation and food, to the Hungarian state. The new amendment also makes it possible to apply for asylum only through the transit zones which is extremely problematic considering the fact that only five people per working day are allowed to access a transit zone from Serbia and waiting times are around one year at the moment.
A policeman patrols the area at Hungary-Serbia border fence near the village of Asotthalom, Hungary, on October 2, 2016. (Photo by Reuters)
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