Luxembourg According to a ruling by the European Court of Justice, Hungary is violating EU law with another asylum rule. Judges in Luxembourg ruled on Thursday that the right to information of people seeking protection who pose a threat to national security is being unlawfully restricted in the country (Case C-159/21). The ECJ has already overturned significant parts of the Hungarian asylum system in previous judgments.
The background to the current decision is the case of a Syrian whose refugee status was revoked in Hungary. The reason for this was the unfounded assessment by two authorities, according to which the person concerned endangered national security. The man appealed against the decision, after which a Hungarian court appealed to the ECJ.
The highest EU court has now ruled that in a case like this it is not legal for the person concerned or his legal advisor to only have access to information after the fact and after authorization, the disclosure of which would endanger the national security of the country, and not even yours reasons for the decision in question would be given. In addition, the responsible asylum authority should not rely solely on unfounded opinions from other authorities when making its decision.
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