Return - IOM Publications - International Organization for Migration

Return Migration: Policies and Practices
concerned does not have a passport, the relevant Embassy will be contacted for issuance of a
passport or a special travel document.
While a decision is made to remove an alien from the country, the social benefits for the alien
would still remain before and after the decision is made until the actual removal.
In the case of expulsion and prohibition of entry and stay, the period of prohibition of entry and
stay shall be noted in the passport or other travel document of the person concerned. But if the
person leaves the country voluntarily, such note of expulsion and prohibition of entry and stay in
the passport or other travel document may be exceptionally foregone.
Detention and other Law Enforcement Measures
According to the Act of 2001 on Entry and Stay of Foreigners and Government Decree 170/2001
(Article 61), irregular migrants and rejected asylum seekers are liable to be detained. Migrants
may be detained to enforce immigration regulations or for the purpose of preparing expulsion.
The maximum period of detention cannot exceed 12 months.
The Office of Immigration and Nationality of the Ministry of Interior is empowered to take
action on matters of detention and compulsory confinement.
For compulsory confinement of a foreigner, the designated place may be his/her place of abode,
the domicile or place of abode of the sponsor inviting the foreigner, or the accommodation
provided by the sponsor, the medical institution providing care for patients for the duration of
treatment to prevent severe damage to health, etc. The foreigner can also be placed in a community
hostel.
The place designated for compulsory confinement of an unaccompanied minor shall be a children’s
institution, a reception centre for unaccompanied minors, or commercial or private accommodation
maintained under contact (Article 61 of Government Decree has detailed provisions
on confinement).
If a foreigner has seriously or repeatedly violated the codes of conduct of the place of compulsory
confinement, or has failed to report as instructed, the immigration authorities may order the
detention of the person.
Framework Agreements With Countries of Origin and Transit
Hungary has concluded bilateral readmission agreements with about 20 countries, among them
Romania, Ukraine, Switzerland, Bosnia and Herzegovina, Austria, Slovakia, Czech Republic,
Poland, Croatia, Slovenia, Bulgaria, Moldova, France, Italy, Portugal, Macedonia, Latvia, Albania,
and Germany. Readmission agreements cover both involuntary return and voluntary return.
Cases based on readmission agreements are not supposed to be referred to IOM, as persons
without the right to enter and stay in Hungary and from countries that have signed readmission
agreements are returned to their countries of regular residence by the government. The border
guards and police are responsible for organizing such movement of return in a quick and cost
effective manner. Nevertheless, there have been a significant number of migrants returned with
the assistance of IOM. IOM only deals with voluntary return cases.
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