2. Demnach kann im vorliegenden Fall von einem zielstaatsbezogenen Abschiebehindernis ausgegangen werden.
2.1. Die Klägerseite hat psychotherapeutische Stellungnahmen […] vorgelegt, wonach bei der Klägerin zu 2. eine mittelgradige depressive Episode und posttraummatische Belastungsstörung diagnostiziert wurden. Sie habe massive Kopfschmerzen, hohen Blutdruck, Angstzustände, innere Unruhe, Schlafstörungen und Albträume und sei nicht reisefähig. Es sei davon auszugehen, dass sie in Ungarn keine Psychotherapie in ihrer Muttersprache erhalten werde und eine rein medikamentöse Behandlung werde nicht ausreichen. Muttersprache sei jedoch unverzichtbare Voraussetzung für die Durchführung einer Psychotherapie und eine Unterbrechung der Behandlung werde eine signifikante Verschlechterung ihres psychischen und physischen Zustands zur Folge haben. Eine Selbstgefährdung mit suizidaler Absicht sei nicht auszuschließen. Zudem wurde ein Attest […] übermittelt, wonach bei der Klägerin zu 2. eine posttraumatische Belastungsreaktion und ein schwer einstellbarer arterieller Hypertonus vorlägen. Sie leide sehr unter der drohenden Abschiebung, was sich u.a. in einer Verschlechterung ihrer Psyche und in hyperintensiven Blutdruckkrisen wiederspiegle. Eine Unterbrechung der psychiatrischen Begleitung könne zu einer Major Depression führen, die Klägerin wäre eventuell nicht mehr in der Lage, ihre Kinder zu versorgen. Ohne Einnahme der Blutdruckmedikamente könne dies zu Blutdruckkrisen führen, die zu Schlaganfällen, Herzinfarkten und irreversiblen Langzeitschäden im Herz-Kreislaufsystem führen könnten.
2.2. Es ist davon auszugehen, dass die Kläger bei einer Rückkehr nach Ungarn obdachlos wären und die Klägerin zu 2. in absehbarer Zeit weder psychiatrische noch die erforderliche internistische Behandlung erhalten würde.
a) Zwar genießen Asylsuchende, anerkannte Flüchtlinge und unter subsidiärem Schutz Stehende in Ungarn grundsätzlich freie Gesundheitsführsorge, Rehabilitation, psychische Behandlung und Psychotherapie und zwar im gleichen Maße wie ungarische Staatsangehörige, soweit der Bedarf von einem Mediziner festgestellt wird. In den offenen und geschlossenen Aufnahmeeinrichtungen wird die ärztliche Grundversorgung durch Ärzte und Medikamente sichergestellt. In schwerwiegenden Fällen, in denen die Behandlung vor Ort nicht ausreichend ist, kann die Zuweisung in die Allgemein- oder Spezialeinrichtungen des ungarischen Gesundheitssystems durch den behandelnden Arzt erfolgen, wenn er dies aus medizinischen Gründen für notwendig erachtet. Die Kosten der Behandlung tragen in diesen Fällen der ungarische Staat bzw. seine Gesundheitseinrichtungen. In einigen Aufnahmeeinrichtungen wird zudem psychologische Betreuung durch Spezialisten und Psychologen der Cordelia Stiftung gewährt […].
b) Das Gericht ist aber davon überzeugt, dass es den Klägern in ihrer besonderen Situation faktisch nicht gelingen wird, in Ungarn Arbeit, Wohnraum und/oder medizinische Behandlung erhalten. Die Kläger, die mittellos sind, haben in der mündlichen Verhandlung nachvollziehbar geschildert, dass sie in Ungarn keinerlei staatliche Unterstützung erhalten haben und ihnen niemand Wohnraum zur Verfügung stellen bzw. Arbeit geben wollte. Bestätigt wird diese Schilderung durch den Umstand, dass Ungarn durch Gesetzesänderungen vom 1. April 2016 und 1. Juni 2016 sämtliche Unterstützungsleistungen für anerkannte Asylbewerber, Flüchtlinge und subsidiär Schutzberechtigte eingestellt hat […]. Laut Helsinki Komitee […] drohen diesen damit Obdachlosigkeit und Verelendung. Die Mieten in Ungarn seien für den genannten Personenkreis zu hoch und Vermieter überließen ihren Wohnraum lieber an Ungarn. Entsprechendes gelte für Arbeitgeber, zumal die ungarische Sprache insoweit ein großes Hindernis für eine Anstellung sei […]. Es ist daher nicht davon auszugehen, dass die Kläger Arbeit und eine Wohnung auf dem freien Wohnungsmarkt finden können, zumal sie in Ungarn über keine finanzielle Unterstützung durch Angehörige oder Freunde verfügen […]. Den Klägern zu 1. und 2. und ihren drei kleinen Kindern (2 1/2, 5 und 6 Jahre alt) ist es nicht zumutbar, auf der Straße zu leben. Zudem ist der Erhalt einer Gesundheitskarte in Ungarn von einer Adresskarte abhängig, die in der Praxis, insbesondere bei Betroffenen ohne festen Wohnsitz, mit vielen, allenfalls erschwert überwindbaren Hürden verbunden ist […]. Nach den vorliegenden Attesten wird sich aber der psychische und physische Gesundheitszustand der Klägerin zu 2. ohne die erforderliche Behandlung alsbald signifikant verschlechtern und es drohen schwerwiegende Erkrankungen wie Schlaganfall, Herzinfarkt und irreversible Schäden am Herz-Kreislaufsystem. Damit ist aber eine erhebliche und konkrete Gefahr im Sinne der o.g. Rechtsprechung und damit ein zielstaatsbezogenes Abschiebungshindernis gemäß § 60 Abs. 7 AufenthG zu bejahen.
Nach alledem war der Klage daher hinsichtlich der Feststellung eines Abschiebungsverbots gemäß § 60 Abs. 7 Satz 1 AufenthG stattzugeben (Nr. 4 des streitgegenständlichen Bescheids). Dementsprechend waren auch die Abschiebungsanordnung sowie das Einreise- und Aufenthaltsverbot aufzuheben (Nrn. 5 und 6 des Bescheids).
Archiv der Kategorie: Sonsitger Aufenthaltstitel
Neuer AIDA-Bericht zu Ungarn
Zusammenfassung des Berichts:
In the O.M. v. Hungary judgment of 5 October 2016, the ECtHR found that detention was not assessed in a sufficiently individ ualised manner and that the authorities did not exercise particular care in order to avoid situations facing an asylum seeker on account of his sexual orientation, which risked reproducing the plight that forced him to flee. Further on, detention for the purpose of establishing the asylum seeker’s identity does not fall under the scope of Article 5(1)(b) of ECHR, when asylum seeker makes reasonable efforts to clear his/her identity, because there is no legal obligation for asylum seekers in Hungary to provide documentary evidence of their identity.
Integration support: As a result of legislative changes in April and June 2016, all forms of integration support were eliminated. Since the entry into effect of Decrees 113/2016 and 62/2016 and the June 2016 amendment to the Asylum Act, beneficiaries of international protection are no longer eligible to any state support such as housing support, additional assistance and others.There is no specific code of conduct for interpreters in the context of asylum procedures. Many interpreters are not professionally trained on asylum issues. There is no quality assessment performed on their work, nor are thereany requirements in order to become an interpreter forthe IAO. The IAO is obliged to select the cheapest interpret from the list, even though his quality would not be the best.For example, in the Vámosszabadi refugee camp, the HHC lawyer reported that in all his cases regarding Nigerian clients, none of the English interpreters understood fully what the clients said; the lawyer had to help the interpreter. The same happened at the court. There was another case, where the interpreter did not speak English well enough to be able to translate; for example, he did not know the word„asylum“. In another case before the Budapest court, the interpreter was from Djibouti, and the client from Somalia did not understand her. The interpreter said the client was lying and the judge decided that there would be no interview.In another case the client claimed that he converted to Christianity and the interpreter was Muslim. He did not know the expressions needed for the interview, not even in Farsi,not to mention Hungarian; for example: disciples, Easter, Christmas and so on. The lawyer had to help him.
A decision must be communicated orally to the person seeking asylum in his or her mother tongue or in another language he or she understands. Together with this oral communication, the decision shall alsobe made available to the applicant in writing, but only in Hungarian. The HHC’s attorneys working at the transit zones and Kiskunhalas observe that most of decisions are not translated to the clients by interpreters. Instead the IAO uses case officers or even other clients to announce the main points of the decision. The justification for a decision reached is never explained to the asylum seeker.
The following situations are applicable to Dublin returnees:
(a) Persons who had not previously applied in Hungary and persons whose applications are still pending are both treated as first-time asylum applicants.
(b) For persons whose applications are considered to have been tacitly withdrawn (i.e. they left Hungary and moved on to another EU Member State) and the asylum procedure had been terminated, the asylum procedure may be continued if the person requests such a continuation within 9 months of the withdrawal of the original application. Where that time-limit has expired, the person is considered to be a subsequent applicant (see section on Subsequent Applications). However, imposing a deadline in order for the procedure to be continued is contrary to the Dublin III Regulation, as the second paragraph of Article 18(2) states that when the Member State responsible had discontinued the examination of an application following its withdrawal by the applicant before a decision on the substance has been taken at first instance, that Member State shall ensure that the applicant is entitled to request that the examination of his or her application be completed or to lodge a new application for international protection, which shall not be treated as a subsequent application as provided for in the recast Asylum Procedures Directive. This is also recalled in Article 28(3) of the Recast Asylum Procedures Directive, which explicitly provides that the aforementioned 9-month rule on withdrawn applications “shall be without prejudice to [the Dublin III Regulation].”
(c) Persons who withdraw their application in writing cannot request the continuation of their asylum procedure upon return to Hungary; therefore they will have to submit a subsequent application and present new facts or circumstances (see section on Subsequent Applications). This is also
not in line with above-described second paragraph of Article 18(2) of the Dublin III Regulation, which should be applied also in cases of explicit withdrawal in writing and not only in cases of tacit withdrawal. This is problematic in the view of recent practices in Hungary when detained asylum seekers withdraw their applications in order to be released from asylum detention. By imposing detention on asylum seekers returned under the Dublin III Regulation, in practice the IAO promotes the option of withdrawal amongst them. This practice can be interpreted as a disciplinary use of detention against those who lodge an asylum claim in Hungary.
(d) The asylum procedure would also not continue, when the returned foreigner had previously received a negative decision and did not seek judicial review. This is problematic when the IAO issued a decision in someone’s absence. The asylum seeker who is later returned under the Dublin procedure to Hungary will have to submit a subsequent application and present new facts and evidence in support of the application (see section on Subsequent Applications). According to Article 18(2) of the Dublin III Regulation, the responsible Member State that takes back the applicant whose applicat
ion has been rejected only at the first instance shall ensure that the applicant has or has had the opportunity to seek an effective remedy against the rejection. According to the IAO, the applicant only has a right to request a judicial review in case the decision has not yet become legally binding. Since a decision rejecting the application becomes binding once the deadline for seeking judicial review has passed without such a request being submitted, the HHC believes that the Hungarian practice is in breach of the Dublin III Regulation because in such cases Dublin returnee applicants are not afforded an opportunity to seek judicial review after their return to Hungary.
Especially problematic will be the case of returned asylum seekers who have crossed Serbia before arriving in Hungary. In case they will have to submit a subsequent application, their application will be likely declared inadmissible based on an application of the “safe third country” notion, without the possibility for these persons to be heard beforehand. Since there is no effective remedy against the unlawful decision of the IAO, such transfers to Hungary are exposing applicants to a real risk of chain deportation to Serbia, which may trigger a practice of indirect refoulement.
Since the enactment of legislative amendments to the Asylum Act in 2015 and ensuing practice, administrative authorities and courts in at least 15 countries have ruled against Dublin transfers to Hungary. At least 6 countries (Czech Republic, Finland, Italy, the Netherlands, Slovakia, United Kingdom) have suspended transfers to Hungary as a matter of policy.
The fact is that since 15 September 2015, Serbia is not taking back third-country nationals under the readmission agreement except for those who hold valid travel/identity documents and are exempted from Serbian visa requirements. Therefore actual returns to Serbia are not possible. Between January and November 2016, only 182 irregular migrants were officially returned to Serbia. Neither the refusal of the asylum applications in the transit zones, nor the “legalised” push-backs since 5 July 2016 result in such official readmissions. Among the readmitted persons, there were 84 Serbian, 35 Kosovar and 27 Albanian citizens. None of the returnees were Syrian, Afghan, Iraqi or Somali citizens. Despite this fact, the IAO still issues inadmissiblity decisions based on safe third country grounds.
Where the safe third country fails to take back the applicant, the refugee authority shall withdraw its decision and continue the procedure. This provision is not respected in practice. Even though it is clear that Serbia will not accept back asylum seekers from Hungary, the IAO does not automaticaly withdraw the inadmissiblity decision, but the person needs to apply for asylum again. According to the HHC’s experience asylum seekers have to go through the admissibility assessment for two or even three times and only after submitting the third or fourth asylum application would their case not be declared inadmissible. This results in extremely lenghty procedures which leave people in great depair. Sometimes asylum seekers would be even detained after receiving a final rejection based on Serbia being a safe third country, despite the fact that deportations to Serbia are not taking place.
A request for judicial review against the IAO decision declaring an application inadmissible has no suspensive effect, except for judicial review regarding inadmissible applications based on safe third country grounds. The court may not alter the decision of the refugee authority; it shall annul any administrative decision found to be against the law, with the exception of the breach of a procedural rule not affecting the merits of the case, and it shall oblige the refugee authority to conduct a new procedure.
In practice, asylum seekers may face obstacles to lodging a request for judicial review against inadmissibility decisions for the following reasons:
– The 7-day deadline for applying for judicial review appears to be too short for an applicant to be able to benefit from qualified and professional legal assistance, and does not appear to satisfy the requirements of Article 13 ECHR on the right to an effective remedy. Without a functioning and professional legal aid system available for asylum seekers, the vast majority of them have no access to legal assistance when they receive a negative decision from the IAO. Many asylum seekers may fail to understand the reasons for the rejection, especially in case of complicated legal arguments, such as the safe third country concept, and also lack awareness about their right to turn to court. The excessively short deadline makes it difficult for the asylum seeker to exercise her or his right to an effective remedy.
– The procedure is in Hungarian and the decision on inadmissibility is only translated once i.e. upon its communication to the applicant, in his or her mother tongue or in a language that the applicant may reasonably understand. This prevents the asylum seeker from having a copy of his or her own decision in a language he or she understands so that later he or she could recall the specific reasons why the claim was found inadmissible. The judge has to take a decision in 8 days on a judicial review request. The 8-day deadline for the judge to deliver a decision is insufficient for “a full and ex nunc examination of both facts and points of law” as prescribed by EU law. Five or six working days are not enough for a judge to obtain crucial evidence (such as digested and translated country information, or a medical/psychological expert opinion) or to arrange a personal hearing with a suitable interpreter.
– The lack of an automatic suspensive effect on removal measures is in violation of the principle established in the consistent case-law of the European Court of Human Rights, according to which this is an indispensable condition for a remedy to be considered effective in removal cases. While rules under EU asylum law are more permissive in this respect and allow for the lack of an automatic suspensive effect in case of inadmissibility decisions and accelerated procedures, the lack of an automatic suspensive effect may still raise compatibility issues with the EU Charter of Fundamental Rights. The lack of an automatic suspensive effect is in clear violation of EU law with regard to standard procedures, as the Asylum Procedures Directive allows for this option only in certain specific (for example accelerated) procedures. In all cases where the suspensive effect is not automatic, it is difficult to imagine how an asylum seeker will be able to submit a request for the suspension of her/his removal as she/he is typically without professional legal assistance and subject to an unreasonably short deadline to lodge the request. To make it even worse for asylum seekers, the rules allowing for a request to grant a suspensive effect to be submitted are not found in the Asylum Act itself, but they emanate from general rules concerning civil court procedures. The amended Asylum Act lacks any additional safeguards for applicants in need of
special procedural guarantees with regard to the automatic suspensive effect, although this is clearly required by EU law.
– Finally, asylum seekers often lack basic skills and do not understand the decision and the procedure to effectively represent their own case before the court, which only carries out a non-litigious procedure based on the files of the case and where an oral hearing is rather exceptional. Applicants are not informed that they have to specifically request a hearing in their appeal. The unreasonably short time limit and the lack of a personal hearing may reduce the judicial review to a mere formality, in which the judge has no other information than the documents provided by the IAO.
The European Commission launched an infringement procedure against Hungary for the violation of asylum-related EU law in December 2015, after a record fast preparatory process. Regarding the asylum procedure, the Commission is concerned that there is no possibility to refer to new facts and circumstances in the context of appeals and that Hungary is not automatically suspending decisions in case of appeals, effectively forcing applicants to leave their territory before the time limit for lodging an appeal expires, or before an appeal has been heard. Further on, the Commission is also concerned as to the fact that, under the new Hungarian law dealing with the judicial review of decisions rejecting an asylum application, a personal hearing of the applicants is optional. Judicial decisions taken by court secretaries (a sub-judicial level) lacking judicial independence also seem to be in breach of the recast Asylum Procedures Directive and Article 47 of the Charter. The infringement procedure is still not closed.
A subsequent application is considered as an application following a final termination or rejection decision on the former application. New circumstances or facts have to be submitted in order for a subsequent application to be admissible. For persons whose applications are considered to have been tacitly withdrawn (i.e. they left Hungary and moved on to another EU
Member State) and the asylum procedure had been terminated, the asylum procedure may be continued if the person requests such a continuation within 9 months of the withdrawal of the original application. Where that time-limit has expired, the person is considered to be a subsequent applicant. Persons who withdraw their application in writing cannot request the continuation of their asylum procedure upon return to Hungary; therefore they will have to submit a subsequent application and present new facts or circumstances.
According to the HHC, detention of asylum seekers in Hungary often does not comply with the requirements of ECHR. Asylum seekers in detention in Hungary receive a humanitarian permit while they are in detention, which means that they are explicitly authorised to stay in Hungary during the asylum procedure. Since this is the case, their detention cannot fall under the Article 5(1)(f) of the Convention, because their detention does not pursue the two purposes mentioned in this provision, namely detention for the purpose of deportation and detention in order to prevent unauthorised entry. Further on, detention for the purpose of establishing their identity also cannot fall under Article 5(1)(b) of the Convention since, under current legislation in Hungary, there is no obligation for asylum seekers to provide documentary evidence of their identity. Therefore detention for the purpose of establishing their identity is unlawful, when asylum seekers make reasonable efforts to clear their identity. All the above is reflected in the O.M. v. Hungary judgment of the ECtHR that became final on 5 October 2016. The judgment also finds that detention was not assessed in a sufficiently individualised manner and that in case of the applicant, who belonged to a vulnerable group, the authorities did not exercise particular care in order to avoid situations which may reproduce the plight that forced him to flee.
In Békéscsaba and Nyírbátor, when escorted from the facility to court for hearings, or on other outings (such as to visit a hospital, bank or post office), detained asylum seekers are handcuffed and escorted on leashes, which are normally used for the accused in criminal proceedings.
Recognised refugees and beneficiaries of subsidiary protection can stay in the reception centre for 30 days more after their recognition.
NGOs and social workers have reported extreme difficulties for refugees moving out of reception centres and integrating into local communities in practice. Accommodation free of charge
is provided exclusively by civil society organisations and churches. They run homes mostly in Budapest yet the number of places provided is not sufficient. As a result of the lack of places, many of the beneficiaries of international protection are forced to rent apartments or to become homeless. Due to the lack of apartments on the market, the rental fees are too high to be affordable for beneficiaries who have just been granted status. In addition to these difficulties, landlords prefer to let their apartments to Hungarian rather than foreign citizens.
Stellungnahme des HHC: Weitere Gesetzesverschärfungen in Ungarn
- Termination of monthly cash allowance of free use for asylum-seekers
- Termination of school-enrolment benefit previously provided to child-asylum-seekers
- Terminating theintegration support scheme for recognised refugees and beneficiaries of subsidiary protection introduced in 2013, without replacing it with any alternative measure
- Irregular migrants (regardless of whether or notthey claim asylum) who are arrested within 8 km (5 miles)of eitherthe Serbian-Hungarian or the Croatian-Hungarian borderwill be “escorted” by the police to the external side of theborder fence, without assessing their protection needs or even registering them
Neuer UNHCR-Bericht zu Ungarn
In UNHCR’s view, legislation and related Decrees adopted by Hungary in July and September 2015, and progressively implemented between July 2015 and 31 March 2016, have had the combined effect of limiting and deterring access to asylum in the country. These include, most notably, the following.
(a) the erection of a fence along Hungary’s borders with Serbia and Croatia, accompanied by the introduction of a procedure in which individuals arriving at the border who wish to submit an asylum application in Hungary must do so in special “transit zones” in which the asylum procedure and reception conditions are not in accordance with European Union (EU) and international standards, in particular concerning procedural safeguards, judicial review and freedom of movement. (See Section D below). In addition, the government plans to erect a fence along the Romanian-Hungarian border beginning at the Serbian-Hungarian-Romanian triple border.
(b) the application of the ‘safe third country’ concept to countries on the principal route followed by asylum-seekers to Hungary – namely Greece, the former Yugoslav Republic of Macedonia and Serbia – without adequate procedural safeguards, and despite the fact that no other EU Member State applies a presumption of safety to those countries 6 and that UNHCR.
(c) the criminalization of irregular entry into Hungary through the border fence, punishable by actual or suspended terms of imprisonment of up to ten years – and/or the imposition of an expulsion border. Prison sentences, at variance with the EU Return Directive, are imposed following fast-tracked trials of questionable fairness, and are not suspended in the event that the concerned individual submits an asylum application. The proper consideration of a defence under Article 31 of the 1951 Convention that the individual had come directly from a territory where his or life or freedom was threatened in the sense of Article 1 of that Convention is thus prevented.
There has also been a reduction of permanent open reception capacity for asylum-seekers through the closure of the centre in Debrecen, which had been the largest open asylum reception centre in the country, at the very time when substantially increased reception capacity for asylum-seekers is needed and the opening of an asylum detention centre in Kiskunhalas. These measures and development should also be considered in the context of the wider use of detention in generally inadequate conditions based on previous laws and practices adopted prior to the period covered by this paper.
In conclusion, UNHCR considers these significant aspects of Hungarian law and practice raise serious concerns as regards compatibility with international and European law, and may be at variance with the country’s international and European obligations.
Europäischer Flüchtlingsrat: Case Law Fact Sheet – Prevention of Dublin Transfers to Hungary (January 2016)
This fact sheet is devoted to jurisprudence preventing transfers under Regulation 604/2013 (Dublin III Regulation) to Hungary. Its scope is limited to case law from European Union Member States supported by policy and non-governmental material to illustrate the grounds on which the judiciary are suspending transfers to Hungary. In light of the substantial amount of case law on the topic, the note in no way purports to be a fully comprehensive review of Member State practice, nonetheless the jurisprudence included serves as a unique tool for practitioners to consult and use in their own respective litigation. It is to be seen against the backdrop of the Commission’s infringement proceedings against Hungary and the new systematic monitoring process outlined in the European Agenda on Migration, as well as several cases pending before the European Court of Human Rights and an urgent preliminary reference to the Court of Justice of the European Union lodged by Debrecen Administrative and Labour Court in the context of asylum law. The note therefore provides a further layer of examination and analysis, one which is jurisprudential in nature and which should be borne in mind when evaluating the adherence of Hungary to European and
international legal obligations.
Ungarische Regierung: „Wir werden keinen einzigen illegalen Migranten zurücknehmen“
Offizielle Webseite der ungarischen Regierung:
Government rejects quota system
Therefore Hungary will not take back a single expelled illegal migrant, the Minister heading the Prime Minister’s Office stated. János Lázár said: Western-European countries notified Hungary of the expulsion of some 40,000 people; however, they did not enter the European Union at Hungary but at Greece, and consequently, the individuals concerned must be sent back there. He added: the southern security border closure is working, and successfully prevents illegal border crossing.
Aida Bericht zu Ungarn
As discussed in Chapter III of this report, the retroactive application of the “safe third country” concept on all applicants having transited through Serbia, against the unchanged recommendation of UNHCR not to consider Serbia as a safe third country because of the lack of access to effective protection in that country, also has further implications for the operation of the Dublin Regulation. As the asylum applications of Dublin returnees may be declared inadmissible on that basis upon return in Hungary, this presents a real risk of indirect refoulement. Consequently, EU Member States must refrain from effecting transfers to Hungary, as recommended in this report.
Amnesty-Bericht zu Ungarn
Aktueller Bericht von Amnesty International zu Ungarn. Titel des Berichts: Fenced Out – Hungary’s Violations Of The Rights Of Refugees And Migrants.
Stellungnahme des Ungarischen Helsinki Komitees
In dieser aktuellen, englischsprachigen Stellungnahme beschreibt und bewertet das Ungarische Helsinki Komitee die Gesetzesverschärfungen in Ungarn, welche zum 1.7.2015 in Kraft getreten sind.
Ungarnbericht des Europarates / Ungarn
The current measures for beneficiaries of international protection are ineffective in equipping them with the skills and support necessary for integration. Refugees face many problems in practice, notably homelessness; sleeping in certain public places can now lead to criminal sanctions. Around 22 % of all asylum seekers are deprived of their liberty, mostly in asylum detention facilities with very poor living conditions, harsh treatment by guards and lack of access to legal aid or assistance from civil society […].
In 2013, following a sudden and large influx of asylum seekers, Jobbik began to stoke intolerance towards migrants; it announced a protest to demand the removal of the Debrecen reception centre (see also the section on Topics specific to Hungary, Detention of asylum seekers). Asylum seekers then became the target of extremely xenophobic public discourse and social media invoked stereotypes of them bringing infectious diseases into the country, as well as being „lazy”, “uncivilised” and “criminals”. In August 2014, a Jobbik member called for tougher policies towards refugees who put a great financial burden on the country, reduce public safety standards and cause health risks […].
However, beneficiaries of international protection must move out of reception centres within two months of obtaining international protection. While the move away from “camp-based” integration towards a community-based system has generally been welcomed, refugees face problems in practice. It takes several months before they start to receive financial support and this progressively decreases at the end of each six-month period down to 25% of the original amount. Most have no jobs when they leave the reception facilities and do not speak Hungarian […].
As a result, one of the most serious problems faced by refugees is the risk of homelessness. ECRI notes that recent amendments to the Fundamental Law authorise the criminalisation of sleeping in public places; Hungary adopted amendments to the Act on Misdemeanor in 2013 to this effect, despite strong criticism expressed by the UN Special Rapporteurs on extreme poverty and on adequate housing. The new legislation is particularly harsh for refugees, since their financial support is insufficient to rent an apartment and cover subsistence expenses. The UNHCR points out that some beneficiaries of international pro0tection have re-applied for asylum in Germany in order to avoid homelessness, and possible criminal sanctions, in Hungary.