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Second instance determination - Hungary
Last updated on 20/11/2024

There is one appeal possible against a decision regarding international protection before regional courts. They analyse appeals lodged against international protection decisions taken by the National Directorate-General for Aliens Policing (NDGAP, Országos Idegenrendészeti Főigazgatóság.  

 

Regional courts are not specialised asylum courts. They are general courts with sections or panels dedicated to cases regarding international protection. 

 

When a request is made, courts take a decision on the suspensive effect for an appeal lodged against a negative decision on international protection pronounced in the regular asylum procedure. The court examines the appeal in full and ex nunc on both facts and legal aspects as they exist on the date of the court decision. Legal representation is not mandatory in administrative proceedings against the decisions of the NDGAP, and legal aid may be requested before courts. 

 

The relevant legal provision concerning the appeal in asylum cases for status determination is Section 68 of Law LXXX of 2007 on asylum (Asylum Law). 

 

A decision is considered final when the period for submitting an appeal expires without an appeal having been filed or on the date on which the court pronounces the appeal decision.  

 

A constitutional complaint follows the generally applicable rules on constitutional complaints before the Constitutional Court (Act CLI of 2011 on the Constitutional Court) (source: Hungary, Constitutional Court, General Information). 

 

There are 158 courts in a tier hierarchy: district courts, administrative and labour courts, regional courts, regional courts of appeal and the Supreme Court (Kúria).