Return - IOM Publications - International Organization for Migration

Return Migration: Policies and Practices
As a country due to join the EU in May 2004, Hungary has tried to bring its migration policies
and practices in line with those of EU countries. Legislation to this end has been passed in recent
years. The Act of 2001 on the Entry and Stay of Foreigners governs the rights and obligations in
matters concerning the entry and stay of foreigners.
Article 32 of the Act of 2001 on Entry and Stay of Foreigners also provides that “the aliens
police authorities may waive the expulsion of a foreigner if the foreigner undertakes to leave the
territory of Hungary voluntarily”. This provides the legal basis for voluntary return of foreigners.
Before this law was adopted, Hungary and IOM had already reached agreements on implementing
assisted voluntary return programmes. 7
By choosing voluntary return, those foreigners with sufficient means and resources could leave
the country by themselves. Those needing assistance for document processing, transportation,
medical and other assistance could seek help available to them under the assisted voluntary
return programme. As IOM has cooperated with Hungary’s Ministry of Interior in carrying out
assisted voluntary returns in the last decade, the returnees were able to obtain assistance from IOM.
According to Article 34 of the Act of 2001 on the Entry and Stay of Foreigners,
The foreigner may be returned to the territory of the country from which he/she arrived or which
is under an obligation to readmit him/her or where the foreigner resides, or to any other state which
the foreigner is entitled to enter. The measure of return is not subject to legal remedy under public
administration regulation.
If the person due to return is stateless, in theory he/she shall be returned to the place from which
he/she arrived or to a state willing to admit the person. In practice, it is hard to return a stateless
person due to the fact that such a person often does not disclose the place from which he/she
arrived; and it is not easy to find another country to accept a person who obviously prefers to stay
in Hungary.
Article 35 of the Act of 2001 on Entry and Stay of Foreigners deals with new arrival of migrants,
who are not authorized to stay and are obliged to return to the country from which they arrived.
The Article states:
1) The foreigner arriving by air, water, rail or road shall stay, in accordance with the instructions
of the Border Guard, in a specified location of the border area or the airport or on the
vehicle that will carry or return him/her or he/she shall board another departing vehicle of
the company subject to the obligation to transport him/her back.
2) When return cannot be implemented immediately, the foreigner arriving by water, rail or
road, shall be under the obligation to stay in a designated part of the border area or the
airport for a maximum of 48 hours from the time of his/her arrival. The foreigner having
arrived by air is obliged to remain at the designated area for a maximum of eight days from
his/her date of arrival.
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