Status report on the migrant situation.

Recently the pressure from migration has intensified significantly on Hungary’s southern border: the number of those illegally crossing the border has risen to more than 13,000, the number of violent border-crossing attempts continues to rise, and more than 17,000 people have submitted asylum requests. The majority of those who have submitted asylum requests in the transit zones are not Syrian nationals, but economic migrants coming from safe countries. The Government is further reinforcing protection of the borders, is continuing construction of the temporary security border fence, and is creating another transit zone, in the vicinity of Ásotthalom.

Ever since migrants first appeared on its borders, Hungary has fully observed – and continues to observe – European Union regulations. Along the country’s external Schengen borders – the combined length of which is just over 1,100 kilometres – Hungary is protecting the borders of Europe, is stopping and registering migrants, and is separating war refugees from economic migrants. The Hungarian parliament has strengthened legislation relating to illegal border-crossing and people smuggling, and has created the legal framework for the establishment of transit zones, within which asylum procedures can now be conducted. The Government has created a temporary security border fence on the probable route of migrants. Thanks to these measures, it has succeeded in protecting the country from illegal migration. Asylum requests can be submitted at Hungary’s border-crossing stations, as well as in the transit zones.

Transit zones

In 2016 the Office of Immigration and Nationality registered 17,507 asylum requests up until 19 May. Of these, 4,772 were filed in transit zones, with 3,801 of these applicants being transferred to refugee reception facilities. Applicants can remain in the transit zones until a final, absolute and implementable decision is made on their requests. This means that no one is being sent back immediately. The personal freedom of people staying in the transit zones is not restricted, and transit accommodation is open in the direction of Serbia. In the transit zones applicants are interviewed with the assistance of native-speaker interpreters or, when necessary, with the aid of a remote interpretation system. In the course of entry procedures, members of vulnerable groups – such as families with young children, the elderly, the sick and the incapacitated – are given priority. Each of the transit accommodation facilities is able to accommodate fifty persons at any one time. The procedure cannot be conducted at the border for those who qualify as vulnerable, and so after registration and a detailed interview they are transferred to one of the reception centres, where their procedures take place in accordance with the general rules.

The schedule for admission of migrants to the Röszke and Tompa transit zones is determined by the duration of the detailed interviews and checks. On 30 May 2016 there were 14 people in the Röszke transit zone and 21 people in the Tompa transit zone. There are currently 294 people on Serbian soil awaiting entry to the transit zones.

Individuals outside the transit zones

The vast majority of migrants seeking to enter the transit zones have either already submitted an asylum request in Greece or another European country en route, or they could have done so. In those countries they would have received appropriate accommodation and care, but instead of waiting for decisions on their cases they decided to travel onward. The Hungarian asylum authority has no legal obligation to provide care for those waiting to enter the transit zones. Despite this, staff from the Office of Immigration and Nationality are providing food packages for those waiting outside the transit zones. These packages contain bread, tinned food, jam or honey, sweets and fruit juice and – for families with small children – milk formula, baby food and milk. Drinking water is available directly outside the transit zones for those awaiting entry on Hungarian soil. The Government has recently decided to provide HUF 250 million in 2016 for the member organisations of the Charitable Council (Caritas Hungarica, Hungarian Charity Service of the Order of Malta, Hungarian Interchurch Aid, Hungarian Reformed Church Aid and Hungarian Red Cross) – primarily for the management of emergency situations in the vicinity of the border.

The aid organisations are providing non-perishable foodstuffs, clothing, personal hygiene products and water for migrants in need, and they also offer medical assistance whenever necessary.

Number of those illegally crossing the border is more than 13,000

As of 19 May, the authorities had apprehended 13,338 people illegally crossing the border in 2016. In the last 24 hours the police have apprehended 85 people for illegally crossing the border, and have prevented another 375 people crossing the border illegally.

From 15 September 2015 to 29 May 2016, 2,714 migrants were required to appear before the Office of Immigration and Nationality as part of expulsion procedures. These procedures had been ordered by courts of law finding them guilty of criminal acts related to the temporary physical border barrier. Of these, 1,683 submitted asylum requests; for these persons ongoing asylum procedures prevent the implementation of expulsion orders until final, absolute and implementable rulings are made. For these individuals the authorities designate places of temporary residence. These may be open reception centres (at Vámosszabadi, Bicske or Körmend), or – if circumstances justify the restriction of their personal freedom – guarded reception centres (at Nyírbátor, Békéscsaba or Kiskunhalas). The other 1,031 people found guilty of such acts did not seek asylum, and in their cases the Office of Immigration and Nationality provided for implementation of the court expulsion orders (as of 15 May 2016, a total of 516 persons had been expelled).

Police custody for foreign nationals

People who have crossed the border illegally and who have been expelled for criminal acts related to the border fence and who have not sought asylum are transferred to police custody for foreign nationals, at one of the police’s guarded accommodation facilities. Those who have been expelled have been sent back to their countries of origin, or to the countries which are required to take them back in accordance with the principle of non-refoulement.

Police custody for foreign nationals can be ordered for a period of 72 hours, after which a court may extend custody by 60 days. Further 60-day extensions may be sought, up to a maximum overall detention period of 12 months. Such custody must be terminated as soon as the conditions for implementation of the expulsion order are in place. An expulsion order clearly cannot be implemented in the following circumstances: 12 months after the initial custody order; if, based on his or her request for international protection, a third-country national receives entitlement to legally reside in the territory of Hungary; or if a third-party national falls under the rules of asylum detention.

The Office of Immigration and Nationality accommodates individuals taken into police custody for foreign nationals at guarded facilities for their accommodation which are operated by the police.

Asylum detention can be ordered for a period of 72 hours, after which a court may extend custody by 60 days. Further 60-day extensions may be sought, up to a maximum overall detention period of 6 months. In the case of families with children, the interests of the children are regarded as paramount, and asylum detention can only be ordered under exceptional circumstances, and for a period of not more than 30 days. Asylum detention cannot be imposed in the case of unaccompanied minors.

Asylum detention must be terminated with immediate effect in the following circumstances: after six months, or 30 days in the case of families with children; the reason for its imposition is no longer valid; the person in detention requires long-term hospitalisation; the emergence of conditions under the Dublin Regulation for transfer or return of a person; or there are clear reasons why the procedure of transfer under the Dublin Regulation cannot be implemented. Asylum detention must take place in guarded asylum reception centres operated by the Office of Immigration and Nationality. On 30 May 2016, 712 persons were staying at guarded asylum reception centres, and 1,510 at open facilities.

(Ministry of Interior)