Supreme Court’s opinion on the application of the safe third country concept
The Supreme Court of Hungary (Kúria) issued an official opinion on 10 December 2012 in order to promote a
harmonised practice at Hungarian courts regarding the application of the safe third country concept in asylum
cases.
The concrete reason for issuing such a guidance document was that in recent years, different Hungarian regional courts applied different approaches upon reviewing administrative decisions which deny admission to the in-merit asylum procedure based on the fact that the asylum-seeker arrived in Hungary from a safe third country. This also meant a diverging evaluation of the asylum situation in Serbia (the target country of most safe third country returns of asylum-seekers from Hungary).
The HHC prepared an unofficial English summary of the Opinion no. 2/2012. (XII.10.) KMK, which is available here.