„A Kúrián nincsenek menekültügyek” – a menekültügyi joggyakorlatot elemző csoport jelentésének margójára

Absztrakt

The three authors, who acted as chair and experts of the group set up by the president of the Supreme Court to analyse the practice related to reviews of decisions in refugee status determination procedures and in incidental procedures, like the decision on detention at the Hungarian Courts, offer personal comments on a few salient issues.

Although the goal of the expert group was to increase the unity in the courts’ decision making, the authors note that this is hardly achievable under the present decentralised system. There was no impact assessment before the introduction of the repeated changes in the law, there is no appeal against the decisions of the local courts, no independent country of origin information or a clear guidance on credibility assessment.

The authors suggest the creation of an independent country of origin information source. They also advocate the establishment of a specialised court in the long term to deal solely with cases affecting foreigners and asylum seekers. They also suggest – in line with the report of the whole group – that judges should have a better access to confidential information used by the authorities to justify their decision. They criticise the institution of “asylum detention” introduced in July 2013, as well.