Recognition as a stateless person

ELIGIBILITY

 

An application for the recognition as a stateless person may be submitted by a third-country national residing in the territory of Hungary who is presumed not to have citizenship in any states.

 

The applicant shall not be eligible for stateless status and his/her application shall be refused by way of a formal resolution if the applicant

a) falls within the scope of Paragraph 2 of Article 1 of the United Nations Convention relating to the Status of Stateless Persons signed in New York on 28 September 1954, promulgated by Act II of 2002; that is:

(aa) he or she falls under protection or assistance from organs or agencies of the United Nations other than the United Nations High Commissioner for Refugees, insofar as that protection or assistance is available;

(ab) he or she is recognised by the competent authorities of the country in which he or she has taken residence as having the rights and obligations which are attached to the possession of the nationality of that country;

(ac) there are serious reasons for considering that:

- he or she has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments;

- he or she has committed a serious non-political crime outside of the country of his/her residence prior to his or her admission into the country;

- he or she has been guilty of acts contrary to the purposes and principles of the United Nations;

or

b) he or she has terminated his/her nationality deliberately, with a view to obtaining stateless status.

c) his or her residence prejudices or threatens to prejudice the national security of Hungary.

 

DEFINITIONS

Stateless person: a person who is not considered as a national by any State under the operation of its law.

 

INFORMATION ON SUBMITTING APPLICATIONS AND THE RELATED PROCEDURE

 

A procedure for the determination of stateless status is opened upon the submission of an application for stateless status to the competent immigration authority as per the applicant’s place of domicile, place of residence or place of accommodation by a person who resides in the territory of Hungary, which is to be presented verbally or in writing.

A request submitted verbally shall be recorded in writing by the immigration authority. The application submitted in writing shall be signed by the applicant. When submitting the application the immigration authority shall inform the applicant about his/her rights and obligations, the legal consequences of any breach of such obligations, and also of the designated place of accommodation.

If the application is submitted verbally and the applicant cannot speak Hungarian, the competent regional directorate shall provide an interpreter who speaks the applicant’s native language or a language he/she understands. An interpreter may not be required if the officer in charge of the case speaks the applicant’s native language or another language he/she understands, and if the applicant agrees in writing not to be provided with the assistance of an interpreter.

 

The procedure for determination of stateless status is exempt from charges.

 

The applicant shall attend the procedure in person and shall be interviewed. The applicant may use his/her native language or a language he/she understands for verbal and written communication during the procedure. The applicant shall be provided access to legal counselling.

 

The immigration authority shall terminate the procedure

·        in the event of the applicant’s death;

·        if the applicant withdraws his/her application in writing;

·        if the applicant fails to appear for the interview in person in spite of repeated written notices and is unable to justify his/her absence;

·        if the procedure cannot be continued as the applicant’s whereabouts is unknown.

In the procedure for the determination of stateless status the applicant is required to prove or provide indication of presumption of his/her stateless status, with particular regard to the State:

·        where his/her place of birth is located;

·        where his/her previous place of domicile or place of residence is located; and

·        of the nationality of his/her family members and parents.

 

Upon request of the client, the immigration authority shall provide administrative help via the Hungarian foreign missions for obtaining the above-specified information.

Upon request of the applicant, the representative of the Office of the United Nations High Commissioner for Refugees may participate in any stage of the procedure for the determination of stateless status, and:

·        may be present when the applicant is interviewed;

·        may provide administrative assistance to the applicant;

·        may gain access to the documents of the procedure and make copies thereof;

·        the immigration authority shall send the administrative resolution or court decision to him/her.

 

The regional directorate shall take a decision within 45 days in conclusion of the procedure for the recognition of stateless status.

A resolution taken in procedures for the recognition of stateless status may not be appealed. The resolution may be challenged by bringing administrative action within 15 days. The Budapest-Capital Regional Court (’Fővárosi Törvényszék’) – having exclusive jurisdiction in such cases – shall take a decision within ninety days of receipt of the statement of claim.

 

Stateless status shall be withdrawn if

-          the stateless person has voluntarily reacquired his or her lost nationality;

-          the stateless person has acquired a new nationality;

-          it was determined in spite of the existence of the exclusion clauses provided for by law, or if the person concerned falls under the said exclusion clauses;

-          the conditions for the resolution on which the recognition was based did not exist at the time it was taken;

-          the person has misled the authorities during the procedure for determining stateless status by concealing relevant fact(s) or makes a statement with regards to such fact(s) or presenting false or falsified documents, provided that it had a decisive impact on the decision for determining stateless status.

The competent immigration authority shall take a decision within forty-five days in a procedure for the review of stateless status.

 

FORM

 

An application may be submitted verbally or in writing, without having to use a separate specific form.

 

MANDATORY ENCLOSURES

 

The applicant’s foreign documents evidencing his/her identity, his/her travel documents, and all other documents that may be admissible to support the applicant’s statements are to be enclosed with an application for the determination of stateless status. The documents enclosed shall be returned to the applicant when the resolution taken in conclusion of the case becomes final.

 

ISSUANCE AND VALIDITY OF A HUMANITARIAN RESIDENCE PERMIT

 

In the absence of the conditions for a residence permit specified in Act XC of 2023 on General Rules for the Admission and Right of Residence of Third-Country Nationals, a residence permit shall be granted on humanitarian grounds to a person recognised as a stateless person by Hungary.

The validity period of a residence permit granted on humanitarian grounds shall be three years, and it may be extended by up to one additional year at a time.

 

ACCRUED RIGHTS AND OBLIGATIONS

 

The immigration authority shall issue a travel document (application form pdf word) for his/her travel abroad – upon request – to a stateless person residing in the territory of Hungary for the purpose of re-entry to the territory of Hungary within the period of validity. The travel document shall be valid for one year from the date of its issuance.

 

The competent regional directorate shall revoke the previous travel document issued to the stateless person by the competent authority of another state, and shall return it to the issuing authority via the diplomatic mission or consular post of the country in question. If a stateless person is granted citizenship, his/her travel document issued under stateless status must be turned in within 15 days to the competent regional directorate as per the person’s place of domicile.

 

A third-country national holding a valid residence permit has the right of entry without a visa and the right of residence in the territory of Schengen Member States not exceeding ninety days within a 180-day period.

 

If the third-country national is a holder of a residence permit granted on humanitarian grounds provided for in the relevant legislation plans to enter into a contract for employment relationship, the competent regional directorate as per the place of accommodation shall open a procedure ex officio for the issuance of a single permit. Please, click here to access detailed information on the single application procedure.