Best Asylum Lawyers in Budapest

About Asylum Law in Budapest, Hungary

Asylum law in Budapest, Hungary, falls under the broader scope of international protection offered by European Union legislation and Hungarian national law. Asylum seekers come to Hungary seeking refuge from persecution, violence, or danger in their homeland. The process involves the submission of an application for asylum, followed by a detailed evaluation of the applicant’s circumstances. Hungary is a signatory to the 1951 Refugee Convention and its 1967 Protocol, which provides the legal framework for the protection of refugees.

Why You May Need a Lawyer

Seeking asylum is a complex legal process that involves meticulous documentation, interviews, and compliance with legal requirements. Here are some common situations where legal help may be necessary:

• Application Process: Ensuring that all necessary documents are correctly filled out and submitted on time.
• Interviews: Preparing for interviews with immigration officials and understanding what questions you may encounter.
• Appeals: If your initial application is denied, a lawyer can assist with filing an appeal and representing you in court.
• Legal Representation: Advocating on your behalf throughout the entire asylum process.
• Understanding Rights: Helping you understand your rights and any obligations under Hungarian and international law.
• Complex Cases: If your case involves intricate details or additional legal challenges, a lawyer can provide the necessary expertise.

Local Laws Overview

The asylum process in Hungary is governed by both national laws and EU regulations. Key aspects include:

• The Act LXXX of 2007 on Asylum defines the asylum application process, grounds for asylum, and the rights and obligations of applicants.
• The European Union's Dublin Regulation determines which EU member state is responsible for examining an asylum application.
• The Residence Permit Section of the National Directorate-General for Aliens Policing is the primary body handling asylum claims.
• Appeals Process: Applicants have the right to appeal a negative decision, usually within a defined period (e.g., 15 days).
• Refugee Status or Subsidiary Protection may be granted depending on the cause and severity of the situation in the applicant's home country.

Frequently Asked Questions

What is the first step to apply for asylum in Budapest?

The first step is to approach the National Directorate-General for Aliens Policing and submit an asylum application. Initial access to the process may require visitations to designated transit zones or reception centers.

How long does the asylum process take in Hungary?

The asylum process timeline can vary. An initial decision is typically made within six months, but complex cases may take longer. Extensions may occur if additional documentation or further investigation is required.

What are my rights as an asylum seeker in Hungary?

As an asylum seeker, you have the right to legal representation, to receive information in your language, to have your case considered individually, and to appeal against any negative decisions.

Is it mandatory to have a lawyer during the asylum process?

No, it is not mandatory, but having a lawyer significantly increases the likelihood of presenting a strong case and understanding complex legal procedures.

What happens if my asylum application is rejected?

If your application is rejected, you have the right to appeal the decision. It is strongly recommended to seek legal assistance for the appeals process.

Can I work while my asylum application is being processed?

Asylum seekers may have restricted access to employment, although certain conditions must be met. Consultation with a legal expert can provide personalized advice based on your circumstances.

Are there any fees involved in the asylum application process?

The asylum application itself is free of charge, but there might be costs associated with legal representation and document translations.

How can I prove my identity if I had to flee without documents?

Alternative forms of evidence, such as witness statements or secondary documentation, may be used to establish your identity and support your application.

What types of protection statuses can be granted?

Hungary can grant refugee status, subsidiary protection, or temporary protection depending on the individual’s situation and the level of risk in their home country.

Can my family join me if I am granted asylum?

Family reunification is possible under certain conditions. Legal experts can provide guidance specific to your case.

Additional Resources

Below are some resources that can help provide more information and assistance:

• National Directorate-General for Aliens Policing
• Hungarian Helsinki Committee
• United Nations High Commissioner for Refugees (UNHCR) Hungary
• MigSzol - Migrant Solidarity Group of Hungary
• National Human Rights Organisation
• Legal aid clinics and pro bono services from local law firms

Next Steps

If you need legal assistance with your asylum process, consider the following steps:

1. Consult Legal Aid Services: Reach out to organizations like the Hungarian Helsinki Committee or legal aid services for initial consultation.
2. Contact a Specialized Lawyer: Seek a lawyer who specializes in asylum and immigration law to help guide you through the process.
3. Prepare Documentation: Collect and prepare any documentation that may support your asylum application.
4. Stay Informed: Keep updated on any changes in the local laws or asylum procedures.
5. Attend All Appointments: Ensure you attend all scheduled meetings and interviews related to your asylum application.

Seeking asylum is an arduous journey, and having the right legal support can make a significant difference in securing protection and starting a new life in Hungary.