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Home ›UNHCR: New note on Dublin transfers to Hungary
UNHCR has acknowledged in its December update note that Hungary does no longer deny in-merit examination of asylum claims where the applicants have previously transited through Serbia or Ukraine, and consequently has amended its previous position from October 2012 where it urged Member States to stop sending back to Hungary applicants who had transited Serbia. According to UNHCR, those applicants have ceased to be detained or returned to Serbia or Ukraine. In addition, UNHCR has also observed improvements in the consideration of applications by asylum seekers returned to Hungary under the Dublin II Regulation. Where such applications had not been considered in their substance before departure from Hungary of the claimant, such examination does now take place upon formal application to re-initiate the procedure. Again, applicants are not detained and are allowed to await the outcome of their procedure in Hungary.
UNHCR reports furthermore legal amendments aimed at enshrining these practices in the law. The text of the amendments has not been made public yet.
UNHCR has also observed progress with regard to the detention of asylum seekers. However, the situation seems to have improved only for those who apply for asylum immediately upon their arrival. Those who, for any reason, apply later are still exposed to detention for the whole duration of the asylum procedure.
Visit UNHCR's Refworld site to read the update note.
This item was reproduced with the permission of ECRE from the weekly ELENA legal update supported by the Fundamental Rights and Citizenship Funding Programme and distributed by email. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is published but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE, the IRC or its partners.