CAT/C/22/D/62/1996
page 6
for asylum to the Györ Department of the
Affairs which was denied on 10 July 1998
contain any new elements with respect to
party points out that an application for
Office of Refugee and Migration
on the grounds that it did not
his former application. The State
review of that decision is pending.
4.8
As to the expulsion order issued against the author, the State party
explains that prior to the completion of the first judicial review procedure,
the Alien Police Department of the National Headquarters of the Border Guard
examined the case of the author ex officio. It annulled the expulsion order
issued by the Alien Police Department of the Györ Border Guard Directorate, on
the grounds that the Directorate had acted in error since, pursuant to the
Aliens Act, expulsion cannot be ordered against aliens who apply for asylum
unless their applications have been rejected in a final decision. The State
party underlines that the expulsion order was annulled before the date of the
author’s initial submission to the Committee.
4.9
On 24 May 1997, following the final rejection of the author’s
application for asylum, the Office of Refugee and Migration Affairs informed
the Alien Police authorities that despite the fact that the author had not
been granted asylum, the Office considered that at present the author could
not be returned to his country of origin on the basis of the provisions of
section 32(1) of the Aliens Act. According to those provisions no alien shall
be refouled or expelled to a country or to the frontiers of a territory where
he would be threatened with persecution on account of his race, religion,
nationality, membership of a social group or political opinion, or to the
territory of a State or frontiers of a territory where there are substantial
grounds for believing that the refouled or expelled aliens would be subjected
to torture, inhuman or degrading punishment. On the basis of the statement of
the Office for Refugee and Migration Affairs, the Alien Police authorities
issued a temporary certificate allowing the author to stay in the country.
4.10 The State party underlines that, apart from refugee status, the law
provides other possibilities for an alien to stay in Hungary. In the present
case, although denied asylum, the author was accorded temporary permission to
stay in accordance with the principle of non-refoulement. The State party
admits that the author’s comments regarding deficiencies relating to the
regulation of temporary permission to stay were in fact well founded, but
draws the attention of the Committee to the fact that, since the submission of
the author’s complaint, new legislation has been adopted in that respect.
Act CXXXIX on Asylum, which entered into force on 1 March 1998, contains
provisions on the admission of refugees and the recognition of persons under
temporary protection in accordance with European standards. Governmental
Decree No. 24 and 25 (II.18) Korm. of 1998 on the implementation of the Act
contains detailed rules relating to, inter alia, persons under temporary
protection and persons authorized to stay, and defines the various forms of
benefits and assistance for aliens applying for asylum, recognized refugees,
persons under temporary protection and persons authorized to stay.
4.11 In conclusion, the State party submits that the domestic legal framework
of Hungary contains guarantees for the protection of the rights of
asylum-seekers in accordance with European standards and the international
obligations undertaken by Hungary. In addition, the State party considers
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