Information on Possible Judicial Remedies

A decision of the aliens policing authority, unless otherwise provided by law, shall be subject to legal remedy. An administrative court action can be brought against a second-instance administrative decision within 30 days from the notification – pleading infringement of the law – at the Court with jurisdiction and competence over the case.

The court adjudicates the case without a hearing; however, a hearing can be held at the request of either party.

In an administrative action initiated in relation to aliens policing procedures – unless otherwise provided by Act XC of 2023 on General Rules for the Admission and Right of Residence of Third-Country Nationals (hereinafter referred to as Act XC of 2023) – the court decides within sixty days from the receipt of the statement of claim by the court. Regarding return, an action can be brought in a judicial review request against the decision refusing the application for a residence permit.

In an administrative court action brought against the decisions of the Directorate-General, legal representation is not mandatory; however, if the client is in aliens policing detention, representation can only be provided by a legal representative.

If legal representation is required, the statement of claim can be submitted electronically through the website of the National Directorate-General for Aliens Policing – under the menu item for electronic submission of the statement of claim. Without legal representation, the statement of claim can be submitted in three copies directly before the first-instance authority, where – unless otherwise provided by law – a hearing can be requested.

The decision ordering return can be challenged in an administrative court action within eight days. The court decides on the statement of claim within fifteen days from the receipt of the statement of claim by the court. There is no further legal remedy against the court’s decision. If the statement of claim becomes suitable for substantive adjudication only based on the court’s action, the starting date of the deadline shall be calculated from this date.

 

In an administrative court action brought against the decision ordering the return of a guest worker, a hearing cannot be requested. The court decides on the statement of claim within eight days from the receipt of the statement of claim by the court, without a hearing, and communicates its judgment to the parties within three days.

Please note that a third-country national can request free legal assistance defined by law for challenging the decision ordering aliens policing return in an administrative court action – based on an application – for which more information can be found here.

An administrative court action against a final decision ordering return, shall not have suspensive effect.

A decision made in the procedure aimed at determining statelessness shall not be subject to an appeal. The decision can be challenged in an administrative court action within fifteen days. The authority immediately forwards the statement of claim along with the case files and its defense to the court. The Budapest-Capital Regional Court has exclusive jurisdiction over the procedure. The court decides on the statement of claim within ninety days from the receipt of the statement of claim by the court.

During the hearing, the applicant may also be heard personally by the court. The procedure for determining statelessness is free of charge.

In case of an action taken in a multi-level administrative procedure, the statement of claim must be submitted to the administrative body that acted at first instance.

The statement of claim must be forwarded to the competent court within thirty days of its submission, together with the documents of the case. In case of an action taken in a multi-level administrative procedure, the administrative body that acted at first instance shall forward the statement of claim to the administrative body that acted at second instance within fifteen days of its submission, which shall forward it to the court within thirty days of its submission.

If the statement of claim also contains a request for immediate legal protection, the statement of claim must be forwarded to the court within eight days of its submission, together with the documents of the case, in the case of an action taken in a multi-level administrative procedure – within three days of its submission.

The content and formal requirements of the statement of claim are governed by Sections 37-41 of Act I of 2017 on the Code of Administrative Court Procedure.

The action must be brought by a statement of claim, which shall contain:

a) the designation of the court acting,

b) the name of the plaintiff, its company registration number or other registration number, its address or place of establishment, its tax identification number and its status in the proceedings, as well as the name, address or place of establishment of its representative, and, if available, other contact details,

c) the name, place of establishment and status of the defendant in the proceedings, and, if known, the name, address or place of establishment of its representative,

d) the data necessary to identify the disputed administrative activity and the manner and time of its revelation,

e) the data from which the court’s jurisdiction and competence can be established,

f) the legal impairment caused by the administrative activity, with the presentation of the facts underlying it and the evidence thereof, and

g) a definite request for the court’s decision.

The statement of claim must be accompanied by the document or a copy thereof,

a) which the plaintiff refers to as evidence,

b) which, in the case of representation, proves the power of representation, and

c) which is necessary to prove a fact to be taken into account by the court from the Directorate-General.

If the plaintiff is represented by a legal representative, the statement of claim shall include the name and place of establishment of the plaintiff’s legal representative, the name of the caseworker in the case of a law firm, the designation of the legal representative appointed to receive official documents in the case of multiple legal representatives, and their telephone and electronic contact details.

Except for the procedure for determining statelessness, the court cannot substantially alter the decision made by the aliens policing authority.

A party, an interested party, and any person affected by the decision may submit a request for review on the grounds of infringement of the law against a final judgment, as well as against a final order rejecting the statement of claim or terminating the procedure.

Review is not permitted:

a) against a decision that became final at first instance, except where an appeal is excluded by law,

b) if the party did not exercise their right of appeal and the second-instance court upheld the first-instance decision based on the other party’s appeal,

c) against the provisions of a final decision solely concerning interest payment, litigation costs, the deadline for performance, or instalment payments,

d) against a decision of the Curia of Hungary (i.e. the Supreme Court),

e) if it is excluded by law in particularly justified cases.

The request for review must be submitted through a legal representative to the court that made the first-instance decision within thirty days of the communication of the final decision. If the deadline is missed, it can be justified within fifteen days after the deadline. The request for review cannot refer to a new legal basis or new facts or circumstances that were not the subject of the first-instance or second-instance proceedings.

The Supreme Court will accept the request for review if the examination of infringement of the law affecting the merits of the case is necessary:

a) to ensure or develop the uniformity of legal practice,

b) due to the special weight or social significance of the legal issue raised,

c) due to the necessity of a preliminary ruling procedure by the Court of Justice of the European Union, or

d) due to a deviation from the published judicial practice of the Supreme Court.

In the review procedure, no evidence is taken; the Supreme Court decides on the request for review based on the documents and evidence available at the time of the final decision.