Nationality and statelessness / Statelessness

1. Article 23(1) of Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection, read in conjunction with Article 45(4) of that directive and in the light of the general principle of EU law relating to the right to sound administration and of Article 47 of the Charter, must be interpreted as: precluding national legislation which provides that, where a decision rejecting an application for international protection or withdrawing such protection is based on information the disclosure of which would jeopardise the national security of the Member State in question, the person concerned or his or her legal adviser can access that information only after obtaining authorisation to that end, are not provided even with the substance of the grounds on which such decisions are based and cannot, in any event, use, for the purposes of administrative procedures or judicial proceedings, the information to which they may have had access. 2. Article 4(1) and (2), Article 10(2) and (3), Article 11(2) and Article 45(3) of Directive 2013/32, read in conjunction with Article 14(4)(a) and Article 17(1)(d) of Directive 2011/95/EU of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted, must be interpreted as: precluding national legislation under which the determining authority is systematically required, where bodies entrusted with specialist functions linked to national security have found, by way of a non-reasoned opinion, that a person constituted a danger to that security, to refuse to grant that person subsidiary protection, or to withdraw international protection previously granted to that person, on the basis of that opinion. 3. Article 17(1)(b) of Directive 2011/95 must be interpreted as: not precluding an applicant from being excluded from being eligible for subsidiary protection, pursuant to that provision, on the basis of a criminal conviction of which the competent authorities were already aware when they granted to that applicant, at the end of a previous procedure, refugee status which was subsequently withdrawn.

22 September 2022 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Legal Instrument: 2011 Recast Qualification Directive (EU) | Topic(s): Asylum-seekers - Exclusion clauses - International protection - National security / Public order - Statelessness | Countries: Hungary

July 2020 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Thematic Reports

1 September 2019 | Publisher: National Legislative Bodies / National Authorities | Document type: National Decrees, Circulars, Regulation, Policy Documents

28 September 2016 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Regional Reports

11 July 2016 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Thematic Reports

May 2016 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Country Reports

This is an unofficial translation prepared by Afford Fordító- és Tolmácsiroda Kft. with proofreading by UNHCR Hungary Unit. The official decision in Hungarian is attached. Publication date: 25 February March 2015 (in the Official Gazette (Magyar Közlöny) no. 22 of 2015), date of issuance of the decision: 23 February 2015

25 February 2015 | Judicial Body: Hungary: Constitutional Court | Document type: Case Law | Topic(s): Illegal entry - Statelessness | Countries: Hungary

2015 | Publisher: Hungarian Helsinki Committee | Document type: Country Reports

16 December 2014 | Publisher: Council of Europe: Commissioner for Human Rights | Document type: Country Reports

16 December 2014 | Publisher: Council of Europe: Commissioner for Human Rights | Document type: Country Reports