Regarding the question of whether Hungarian citizens or non-Hungarians resident in Hungary must obtain exit permits in order to leave Hungary, the Hungarian Helsinki Committee has stated that

Hungarian citizens may leave Hungary freely, without any exit permits or visas since 1990.

In terms of § 1 of Act XII of 1998 on travelling abroad, "leaving the territory of the Republic of Hungary, including travelling abroad with the aim of emigrating to a foreign country, is a constitutional right to which all Hungarian citizens and foreigners legally staying in the country are entitled. The right to travel abroad may be exercised or restricted in accordance with law." Furthermore, Hungarian citizens may return from abroad at any time. The right to return may not be denied, restricted or bound to conditions even in case requirements of the present Act are not met (§ 2).

Chapter III of the Act (§§ 16-20) discusses restrictions on the right to travel abroad and defines five categories who may not travel abroad (§ 16 para. 1):

any person, until the final judicial decision is taken, who is under a criminal procedure where the offense is punishable by 5 or more years of imprisonment

any person who is under a criminal procedure and is in pre-trial detention, custody, extradition custody, extradition arrest, or is under a temporary forced medical treatment

anyone who is prohibited from leaving his place of residence

anyone who has been sentenced to executable imprisonment, until the sentence has been served or until the termination of its executability, or whose forced medical treatment has been ordered by a court, during the time of the treatment

anyone who owes more than 10 million forints in debt because of non-payment of taxes, tariffs, dues or social security payments.

Even in the above cases, based on the person's request invoking special circumstances, the authorities may permit travel abroad for a determined time period (§ 18). Special provisions apply to members of armed forces or drafted soldiers (16 Dec. 1999).

Regarding the question of whether non-Hungarians who hold temporary and long-term residence permits in Hungary have the right to move freely within Hungary and to exit and return to Hungary freely without jeopardizing their residence rights in the country, the Hungarian Helsinki Committee stated that

Foreigners with valid temporary (maximum one year) and long-term (over one year) residence permits may return to Hungary without jeopardizing their right to residence in Hungary.

Article 58, Subsection 1 of the Hungarian Constitution says "everyone legally staying or residing in the territory of the Republic of Hungary - with the exception of the cases established by law - has the right to move freely and to choose his place of residence, including the right to leave his domicile or the country."

In terms of § 1 of Act XII of 1998 on travelling abroad, "leaving the territory of the Republic of Hungary, including travelling abroad with the aim of emigrating to a foreign country, is a constitutional right to which all Hungarian citizens and foreigners legally staying in the country are entitled. The right to travel abroad may be exercised or restricted in accordance with law." This is a fundamental provision however, [and the] scope of this Act doesn't cover holders of any kind of residence permit. This means that these foreigners can perform their rights to exit and return to Hungary according to the Act on Aliens (Act LXXXVI of 1993 on the Entry, Stay in Hungary and Immigration of Foreigners).

According to Article 22 Subsection 2 of the Government Decree 64 of 1994 on the Execution of the Act on Aliens, holders of residence permit registered in their passport are entitled to exit and return within the validity of the residence permit.

Restriction of free leaving of Hungary in case of "foreign nationals lawfully staying in Hungary" may take place only "for the purpose of conducting criminal proceedings or legal actions brought against them" (Article 30 of the Act on Aliens). In these cases authorities may seize and withhold passports of foreigners under procedure (16 Dec. 1999).

Further information on the rights of entry and exit and other rights afforded permanent residents and citizens of Hungary can be found in HUN33302.E of 21 December 1999.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

Reference

Hungarian Helsinki Committee, Budapest. 16 December 1999. Correspondence.