Hungary > Dublin II
last update: May 2012
Hungary has not stopped all deportations to Greece, but if somebody explicitly says, that she/he does not want to be deported back to Greece, the Immigration Office suspends their asylum procedure for some weeks, and in the end they do not send the person back to Greece. So express clearly that you don’t want to go back to Greece.
Coming from Greece to Hungary a deportation to Serbia is the highest risk. Hungary deports regularly people who crossed the Hungarian-Serbian border back to Serbia. Serbia then often pushes people directly back to Macedonia.
And there is another problem: Many people try to continue their journey after having been fingerprinted in Hungary. If you have fingerprints in Hungary and continue to another country you can be sent back to Hungary (also for example if the Greek fingerprints have not been found but those from Hungary are in the computer system). So in case you come to another country with fingerprints from Hungary, you should immediately get in contact with a lawyer and/or activist networks to try to stop the deportation. To stop a deportation to Hungary you will for sure need a lawyer– and it is very difficult without additional assistance of supporters (for example of the named contacts).
Useful reports for appealing against a deportation to Hungary
last update: November 2012
The following links to legislation and reports might be interesting for your lawyer and/or people who try to assist in your case, they have been used in several court cases to try to stop deportations back to Hungary. If we try to summarize:
One of the most important points (besides a good documentation on what happend to you in Hungary) is to document all kind of medical and psychological problems you might have. There is a lot of reasons to get psychological problems because of all the bad things that might have happened to you on your journey and/or in Hungary. It is very useful to see doctors who can write down what kind of problems you suffer from!
More useful reports and legislation on Hungary (in German language) you may find on the website of bordermonitoring.eu. This site gets updated more regularly!
- Hungary: Refugees between arrest and homelessness - Report on year-long research up to February 2012 by Pro Asyl and bordermonitoring.eu (translation of german version from March 2012)
- UNHCR recommends not to transfer to Hungary if the asylumseeker has been in Serbia before (October 2012)
- Pressrelase of the Comissioner for Fundamental Rights for this report: There is worse than prison: Temporary hostel of restricted access, Nyírbátor – on-the-spot inspections of the ombudsman (13.9.2012)
- HUNGARIAN HELSINKI COMMITTEE, Serbia as a Safe Third Country: Revisited. An update of the Hungarian Helsinki Committee’s 2011 report (June 2012)
- Report by “Commissioner for Fundamental Rights” (Ombudsman) on the closed (family)-camp Békéscsaba (June 2012)
- AMNESTY INTERNATIONAL, Amnesty International Annual Report 2011 - Hungary, 13 May 2011
- BORDER MONITORING PROJECT UKRAINE, Access to Protection Denied - Refoulement of Refugees and Minors on the Eastern Borders of the EU - the case of Hungary, Slovakia and Ukraine, November 2010.
- HUMAN RIGHTS WATCH, Buffeted in the Borderland - The Treatment of Asylum Seekers and Migrants in Ukraine, December 2010.
- HUMAN RIGHTS WATCH, Rights on the Line, Human Rights Watch Work on Abuses against Migrants in 2010, December 2011
- HUNGARIAN HELSINKI COMMITTEE, Stuck in Jail - Immigration Detention in Hungary 2010, April 2011
- HUNGARIAN HELSINKI COMMITTEE, Serbia as a Safe Third Country: A Wrong Presumption, September 2011
- HUNGARIAN HELSINKI COMMITTEE, Access to Protection Jeopardised, Information note on the treatment of Dublin returnees in Hungary, December 2011
- PARLIAMENTARY COMMISSIONER FOR CIVIL RIGHTS, Report in case number AJB 1692/2010 (and a related case: AJB 420/2010), Affected bodies: Ministry of the Interior Office of Immigration and Nationality (Bevándorlási és Állampolgársági Hivatal), Bicske Reception Centre (Bicskei Befogadó Állomás), The Municipality of Budapest, August 2011
- UNHCR, Refugee Homelessness in Hungary, March 2010
- UNHCR, Submission by the United Nations High Commissioner for Refugees for the Office of the High Commissioner for Human Rights’ Compilation Report - Universal Periodic Review: Hungary, November 2010
- UNITED STATES DEPARTMENT OF STATE, 2010 Country Reports on Human Rights Practices - Hungary, 8 April 2011
- WELCOME TO EUROPE NETWORK, Kurzbesuch Ungarn (Short Visit to Hungary): Budapest - Debrecen - Bicske, December 2010
- ECTHR adjuges Hungary in two cases to have violated Article 5 (1) EHRC by imprisoning asylum seekers: Pressrelease (24.10.2012), Judgment I, Judgment II (23.10.2012)
- Court in Austria (österreichischer Verfassungsgerichtshof) asks European Court about the transfer of responsibility according to Dublin II from Greece to Hungary: Judgment (27.6.2012) und Article in “der Standard” (13.7.2012)
- Judgement in Switzerland (Schweizerischen Bundesverwaltungsgerichts) (18.5.2012)
- ASYLGERICHTSHOF ÖSTERREICH, Beschluss vom 27.10.2011 - Spruch S4 422.020-1/2011/4Z.(ASYLUM COURT OF AUSTRIA, Decision of 27.10.2011 – Statement S4)
- ASYLGERICHTSHOF ÖSTERREICH, Beschluss vom 31.10.2011 - Spruch S4 422.020-1/2011/5E.(ASYLUM COURT OF AUSTRIA; Decision of 31.10.2011 – Statement S4)
- ECTHR, Case of Lokpo and Touré v. Hungary, Application no. 10816/10, 20.9.2011.
Decisions by different German Courts:
- VG Magedeburg (6.8.2012)
- VG Sigmaringen (29.6.2012)
- VG Trier (12.6.2012)
- VG Magdeburg (4.6.2012)
- VG Meinigen (26.4.2012)
- VG Stuttgart (2.4.2012)
- VG ANSBACH, Beschluss vom 24.05.2011 - AN 11 E 11.30214. (Court of Administration Ansbach, Decision of 24.05.2011)
- VG ANSBACH, Beschluss vom 09.06.2011 - AN 11 E 11.30254. (Court of Administration Ansbach, Decision of 09.06.2011)
- VG HAMBURG, Beschluss vom 11.04.2011 - 19 AE 173/11. (Hamburg Court of Administration, Decision of 11.04.2011)