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10.K.27.051/2018/5. National Court Decision (2018. February 7th)

The case concerns two siblings, an afghan national with a legally accompanied minor who submitted asylum applications on October 24th 2017. The asylum authority suspended their procedure based on the information they gathered from the EURODAC system and the Dublin Regulation. Eventually the authority proceeded with an inquiry towards the Bulgarian authorities to determine that they are responsible to conduct the asylum procedure however, the Bulgarian authorities refused to do so, since they registered both asylum seekers as minors. The Hungarian asylum authority then conducted a medical examination of the applicants and determined that one of the applicants was of legal age. Thus, they contacted the Bulgarian authorities again to which they recognized their responsibility to conduct the asylum application procedure. The applicants requested a review procedure before a national court against the order in which the Hungarian authority determined the responsibility of the Bulgarian authorities. The court annulled the decision and ordered the asylum authority to examine the applications on their merits. Although the applicants did not contest the accommodation order of the asylum authority, the court highlighted that based on the asylum procedures directive an applicant may only reside in the transit zone for a period of four weeks [Article 31(8), Article 43(2)] which was violated since the applicants should have been granted entry to Hungary.

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