Note on the growing use of national security arguments in expulsion cases

The HHC has recently received an increasing number of complaints from Hungarian family members whose spouses have been suddenly expelled and eventually detained by the NDGAP (National Directorate-General for Aliens Policing). Several third-country national detainees in similar legal situations also contacted the HHC and complained not only about their upcoming deportation and the fact that they are detained, but also about the lack of information and the poor detention conditions.

There are several cases where the rejection of the status’ extension or, granting a legal status to third-country nationals is based on the opinion of the executive authorities, namely the Counter Terrorism Centre (CTC) and/or the Constitution Protection Office (CPO), declaring that the applicants pose a risk to national security. These opinions are not reasoned and the underlying data is classified, therefore, the applicant is not informed about the grounds of why he or she poses a threat to national security.

Our new Information Note, available here, looks at the scope of the problem and the legal background of the growing use of national security grounds in expulsion cases.