REPUBLIC OF HUNGARY: CHANGE TO ASYLUM LAW PUTS TENS OF THOUSANDS AT RISK

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5 Aug 2015
[International Secretariat]
Region: REPUBLIC OF HUNGARY
Topic: Refugees and Migrants

A looming change in Hungary’s Asylum Law could put tens of thousands of asylum-seekers fleeing war and persecution at risk as the country continues to flout its obligations amid Europe’s burgeoning refugee crisis, Amnesty International said.

The amendment, which enters into force on 1 August, may lead to a situation in which any asylum-seeker who enters the country via its Balkan neighbours will be rejected and deported back. The Hungarian authorities are also constructing a four-metre-high fence along 175 km of the border with Serbia to prevent refugees and migrants from crossing.

Amnesty International is calling on Hungarian Parliamentarians to submit the legislation for review by the Constitutional Court.

“It is not up to the authorities in Hungary – or any other country – to deny asylum-seekers access to an individual assessment of their claim. Hungary has an obligation to assist those who apply for asylum and treat each application on a case-by-case basis.”

Under the change, access to an asylum procedure could be denied to asylum-seekers who first pass through a list of countries the Hungarian authorities have deemed “safe”, including Serbia and Macedonia. Anyone who simply transited through those countries, regardless of their country of origin, could be rejected.

Hungary has seen a spike in anti-refugee rhetoric and actions following an increase in the number of migrants and asylum-seekers entering via the Balkans. According to the NGO Hungarian Helsinki Committee, as of 10 July 2015, 99% of those who have applied for asylum in Hungary since the beginning the year – or 86,000 people – entered the country through Serbia.

In a report released earlier this month, Amnesty International documented the devastating consequences for migrants and asylum-seekers traveling through the Balkans. The asylum systems in Macedonia and Serbia are ineffective and fail to guarantee international protection to those in need.

Failures in the implementation of Serbia’s Asylum Law have resulted in the majority of asylum applications being suspended or discontinued. This places large numbers of people at risk of being sent onwards to Macedonia and Greece. In 2014, out of 388 asylum applications in Serbia, refugee status was granted to only one person – a Tunisian national –and five Syrians were afforded subsidiary protection due to the ongoing armed conflict in their home country.

“This situation is simply untenable – countries in Europe’s borderlands are facing an unprecedented flow of migrants and asylum-seekers, but passing them from pillar to post is not a solution and does not absolve countries like Hungary and Serbia of their legal obligations,” said John Dalhuisen.

30 July 2015
AMNESTY INTERNATIONAL PRESS RELEASE

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