Interior Inadequate investigations prior to deportation to Hungary In 2011, NGOs reported on serious shortcomings in the Hungarian asylum system. The danger of inhuman or degrading treatment in accordance with Section 3 of the European Convention on Human Rights could not be excluded. Despite unclear reports, the Federal Police Directorate Vienna wanted to transfer an asylum seeker to Hungary. The European Court of Human Rights stopped the deportation by way of an emergency order. The EU Dublin II Regulation regulates the competence for the examination of applications for asylum within the EU. Fundamentally, that member state has jurisdiction through which the asylum seeker enters into the EU. In January 2012, an asylum seeker who had entered Austria via Hungary was supposed to be transferred back to Hungary. While in deten- Does a proper asylum system exist in Hungary? tion, he filed a second asylum application and alleged that deportation to Hungary is not permitted due to the risk that Section 3 of the European Convention on Human Rights (Prohibition of inhuman or degrading treatment) would be violated. As a result of an emergency order issued by the European Court of Human Rights, the planned transfer was not carried out. According to the newest rulings of the European Court of Justice and the European Court of Human Rights, a transfer is not permitted under the Dublin II Regulation if it is known that there are systemic weaknesses in the asylum procedure and that as a result there is a danger of inhuman or degrading treatment of the asylum seeker. The practice of the asylum authorities of the host country must be carefully examined (European Court of Human Rights dated 21.1.2011, No. 30696/09, European Court of Justice dated 21.12.2011, No. C-411/10 and C-493/10). The AOB examined the reports about Hungary that were available to the Federal Police Directorate Vienna in January 2012 as well as the determinations in the country documentation. The conclusions of Federal Police Directorate should have examined some of the cited sources contradicted the reports of well-known NGOs and the UNHCR with regard to serious shortcomings in the Hungarian asylum system. The AOB reached the conclusion that the Federal 85