Responses to Information Requests

Research Directorate, Immigration and Refugee Board of Canada, Ottawa

1. Overview

The website of the Hungarian Central Office for Administrative and Electronic Public Services (Közigazgatási és Elektronikus Közszolgáltatások Központi Hivatala, KEKKH) indicates that, on 1 January 2016, Hungary introduced a personal identification card (Személyazonosító igazolvány) [personal ID card] that includes an "electronic storage unit" (Hungary n.d.a). According to the KEKKH website, there are two types of "personal identification cards" issued in Hungary: the permanent and the temporary ID cards (Hungary n.d.a).

An information leaflet sent in 2016 by the Embassy of Hungary in Ottawa to the Research Directorate with samples of permanent ID cards issued to citizens and foreign residents in Hungary since January 2016, along with an explanation of their security features, is attached to this Response (Attachment 1). Samples of various identity documents delivered by Hungary are also attached to this Response (Attachment 2).

In a 2018 correspondence with the Research Directorate, a representative of the Hungarian embassy in Ottawa confirmed the accuracy of the information leaflet and indicated that the ID card's issuing authority is the Hungarian Ministry of Interior (Belügyminisztérium) (Hungary 10 July 2018).

2. Requirements and Procedure to Apply for Personal ID Cards

The information in the following paragraph was taken from the KEKKH website:

The persons eligible to apply for [personal] ID cards are Hungarian citizens and "immigrants, established persons, refugees or persons with subsidiary protection." As of January 2016, Hungarian citizens living abroad are also entitled to apply for an ID card. Eligible applicants for ID cards who do not have an official document certifying their identity at the time of application are issued a temporary ID card, but no temporary ID card can be issued by a "participating authority or consular official" to someone who applies for a permanent ID card. It is mandatory for immigrants or "established persons, refugees and persons with subsidiary protection" to apply for a permanent ID card, though a refugee or a protected person who has been granted "an established status" has no obligation to apply for a new personal ID card (Hungary n.d.a).

According to the Public Register of Authentic Travel and Identity Documents Online (PRADO) of the EU, the ID card's period of validity is age-dependent:

The Hungarian government portal's webpage on [personal] ID cards states that applications for permanent ID cards must be processed within 20 days and that, [translation] "with certain statutory exceptions," applicants must appear in person (Hungary n.d.b).

According to the KEKKH website, applicants for a permanent personal ID card can apply in person at the following locations:

• any district office,
• the Budapest Metropolitan Government Office (designated government office),
• an official body in charge of a register (in case the citizen lacks any other official document suitable for certifying their personal identity or if s/he applies for a personal ID card with a storage unit for the first time),
• a consular official (only in the case of applicants with Hungarian citizenship),
• the notary with competence at the place of permanent or temporary residence (if the applicant is unable to apply personally due to health restrictions),
• penitentiary facilities (in the case of applicants in detention). (Hungary n.d.a)

According to the same source, an application for a permanent personal ID card for a new-born infant can be made by a legal representative at the registrar that registers the birth (Hungary n.d.a).

The Hungarian government portal's webpage on personal ID cards indicates that, except for applications for ID cards with an indefinite period of validity issued to persons aged 65 or above, applicants receive, in a sealed envelope, an activation personal identification number (PIN) and a registration code, which serves to create a PIN for the permanent ID card, as well as a personal unlocking key (PUK) (Hungary n.d.b). According to the same source, should a temporary ID card be issued during the application process or should applicants remain in possession of an earlier permanent ID card that is still valid, the permanent ID card must be delivered to the [translation] "district office, the designated government office or the agency handling registration"; otherwise, at the request of the applicant, the ID card can be sent through registered mail (Hungary n.d.b).

The Hungarian embassy representative indicated that the fee for applying for a personal ID card is of 3,000 Hungarian forint (HUF) [approximately C$14] (Hungary 10 July 2018). The same source stated that no fees are charged in the following cases:

• First application in every year (a second one in the same year is subject to a fee)
• Name change due to a change of marital status
• Replacement of a stolen ID card
• The applicant is under 18 years of age. (Hungary 10 July 2018)

2.1 Documents Required to Apply for Personal ID Cards

The information in this section was taken from the KEKKH website:

A permanent personal ID card, "or any other valid document certifying … personal identity," that is either valid or was valid in the year preceding the date of application, must be provided with an application for a personal ID card. Applicants who do not have such documents may instead provide the following:

• if they wish to use a doctor title and this doctor title is not registered in the personal data and address register, a document certifying entitlement to use the doctor title and, in the case of a doctor title awarded abroad, an official document certifying its naturalisation, or authentic copies of the former;
• in the case of Hungarian citizens returning from abroad with the intention to settle in Hungary or Hungarian citizens living abroad, official documents certifying their [PIN] and place of residence[;]
• in the case of immigrant or refugee applicants or those with subsidiary protection or established status, the immigration permit, the document certifying the refugee or subsidiary protection status or the established status, as well as the official document certifying the [PIN] and the place of residence[;]
• in the case of applicants with a refugee or subsidiary protection status - if it is the first personal ID card that is applied for - a photograph on the back of which the immigration authority shall specify the number of the authority decision recognising the person concerned as a refugee or a person granted subsidiary protection and certifying the fact that the photograph is identical with the person recognised as a refugee or protected person by a seal and a signature.

If an applicant lacks a valid personal ID card or any other document proving identity, a birth [or] marriage certificate should be provided with the application. Should applicants whose birth and/or marriage were registered in Hungary be unable to produce their birth or marriage certificate, the "administering authority" will contact the relevant registrars.

Applicants who live abroad and who acquired Hungarian citizenship "by naturalization or re-naturalization" must submit with their first application for an ID card a statement regarding their "natural personal identification data," especially the name displayed on the official document, "certifying [that] their [PIN] and place of residence" is identical to the "name entered in the register or the naturalization certificate including their name change."

"[I]ncapacitated applicants" may, in addition to the above documents, provide the court's final decision establishing guardianship and must provide the "legally binding decision of the guardianship authority certifying representation before the law," along with documents certifying the identity of the legal representative.

If the applicant is an "incapacitated" minor and only one of the parents is present at the moment of application, a statement made by the other parent or legal representative consenting to the issuance of a personal ID card for the applicant must also be provided. The statement of approval must either be issued in a "private document of probative value" or be made before:

• a notary public;
• a "district (metropolitan) office acting on behalf of the municipal and county government office in child protection and guardianship issues";
• the head of a penitentiary facility;
• a consular official;
• "the designated government office"; or
• "the body keeping the register or a district office."

The authority responsible for issuing the personal ID card may request the applicant's PIN, as displayed on the official document "certifying the [PIN] and place of residence" (Hungary n.d.a).

3. Information Appearing on the Personal ID Card

The information leaflet indicates that the following information about the card holder appears on the personal ID card: name, place and date of birth, nationality, mother's name, sex, "facial portrait/image," signature (if the card holder is 12 of age or older), date of expiry of the card, "identifier/document number of the identity card," date of issuance, and the name of the issuing authority (Hungary n.d.c). The same source states that the ID card also contains a code number, or "CAN number," and a "data storage code, which specifies the document number/identifier of the citizen's identity card as well as the electronic unique identifier" (Hungary n.d.c).

4. Information Stored in the Personal ID Card

The information leaflet states that, in addition to the information visually displayed on the ID card, the personal ID card also electronically stores the following:

• the card holder's fingerprints, unless the holder is under 12 years of age, or the holder refused to have fingerprints captured, or the holder is physically unable to give fingerprints;
• the holder's social security [identification] number;
• the holder's tax [identification] number; and
• the ID card's "electronic unique identifier" (Hungary n.d.c).

According to the KEKKH website, the card holder may request that the following also be stored on the ID card: the "data required for creating an electronic signature," his or her "signature certificate" and up to two telephone numbers to be called in case of emergencies (Hungary n.d.a). The same source states that applicants who do not have a tax or social security identification number may still apply for a personal ID card (Hungary n.d.a). The same source warns that the personal ID card is not a replacement for the social security card or the tax card "yet, but it does offer a new way of certifying the social security and the tax identification numbers" (Hungary n.d.a).

The KEKKH website explains that the "data specifying the card holder's nationality" is a three-letter code that appears on the ID card, and that the ID card also contains a machine-readable zone (MRZ) code that allows the identification of the card holder and of "personal identification cards" (Hungary n.d.a). According to the same source, permanent personal ID cards issued to foreign citizens or stateless persons do not have an MRZ code; instead, there is an indication that the card holder is not entitled to travel abroad (Hungary n.d.a). The same source states that ID cards issued to immigrants, "established persons," refugees or "persons with subsidiary protection" are visually different from those issued to Hungarian citizens (Hungary n.d.a). The information leaflet attached to this Response (Attachment 1) includes samples of IDs issued to foreign citizens or stateless persons.

5. Address Card

The embassy representative stated that the format of the address card (lakcímkártya) has not changed since the publication of Response to Information Request HUN105199 of 22 July 2015 (Hungary 10 July 2018). A sample of an address card is attached to this Response (Attachment 2, Item 9).

The Hungarian government portal's webpage on the address card indicates that it is issued [translation] "ex officio" in cases in which:

1. it happens as part of the process of issuing a personal ID, and so that the citizen is replacing the old type of personal ID containing the address too, and the citizen has not received an official ID, yet;
2. it happens as part of the process related to the issuing or modification of the personal ID or as part of the process related to the registration of the naturalized citizen or the registration of residency;
3. the issuing of the official certificate happens due to the correction of incorrectly entered data or the faulty manufacturing of the official certificate;
4. the Hungarian citizen announces their intent to leave the territory of Hungary in order to settle down abroad;
5. it is done because of an address change not involving moving, due to the change of address items entered into the central address registry;
6. the citizen electronically reports the termination of their residency without establishing a new residency. (Hungary n.d.d)

The same source states that the issuance of an address card can be requested in the following cases:

• When the change in the holder's personal information does not involve a change in the holder's personal ID card (such as change of name or mother's name);
• When the holder [translation] "does not have an official ID because it is not in their possession anymore," such as in cases of loss, theft, or destruction of the ID card;
• The holder's official ID card was damaged;
• The holder's address changed;
• When a legal representative requests modifying, adding or deleting their name and telephone number from a minor's official ID card (Hungary n.d.d).

5.1 Requirements and Procedure to Obtain the Address Card

The Hungarian government's portal indicates that the documents required to process the issuance of an address card are documents certifying the card holder's identity, e.g. personal ID card, passport, driver's license, the old address card (in case of a replacement), and documents proving that the card holder has a right to dispose of the place of residence, such as a land title or a purchase contract, a rental contract, or the consent of the home's owner to use the home (Hungary n.d.d). In correspondence with the Research Directorate, a representative of the Hungarian Civil Liberties Union (HCLU) [1] indicated that an application form (lakcímbejelentő lap) must also be filled out (HCLU 9 July 2018).

The Hungarian government's portal indicates that issuance of the address card can be requested from the following:

[translation]

1. The competent notary and the district office pursuant to the address or residency of the affected citizen in case of change of data with the exception of the withdrawal or cancellation of the personal ID, as well as in a process related to registration or reporting an address;
2. The district office, the appointed government office and the organization handling the registration in the case of the process of issuing a personal ID, as well as in the case of correction of information incorrectly entered on the official certificate, or in the case of faulty manufacturing of the official certificate;
3. The organization managing the registration
   
   • of Hungarian citizens as Hungarian citizen living abroad,
   • in a process related to the withdrawal or cancellation of a personal ID;
4. The organization proceeding in citizenship matters, as well as in a process related to the registration of Hungarian citizens living in the territory of Hungary;
5. The registration organization appointed to conduct the registration in Hungary in cases determined by law, as well as in a process related to the registration of the information of Hungarian citizens living in the territory of Hungary;
6. The competent district office depending on where the process was initiated, in a process initiated with the consular officer, the competent district office pursuant to the address or residency of the citizen in question in a procedure regarding leaving the territory of Hungary with the intention to settle down abroad, as well as in a process related to issuing an official certificate as a result of registering a Hungarian citizen settling abroad as a Hungarian citizen living abroad;
7. The competent district office pursuant to the place of birth in cases determined by the law;
8. The appointed government office
   
   • in procedures related to registering the information of people possessing the right to freely move and stay, as well as
   • in a process related to the registration, data change, lost, stolen, destroyed or useless official certificate of naturalized citizens and Hungarian citizens living abroad not having a Hungarian residency. (Hungary n.d.d)

Without providing further details, the HCLU representative indicated that there are no fees incurred by the issuance of an address card and that the processing time for issuance is "just a few days" (HCLU 9 July 2018). The same source stated that, although it is not mandatory to have an address card, it is "very useful," as the card is needed to "have a job, to buy a car, etc." (HCLU 9 July 2018). According to the same source, the "permanent" address card "has no validity period," (HCLU 9 July 2018). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

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 for refugee protection. Please find below the list of sources consulted in researching this Information Request.

Note

[1] The Hungarian Civil Liberties Union (HCLU) is an NGO that "monitors legislation, pursues strategic litigation, [and] provides free legal aid assistance," as well as training and "awareness raising media campaigns" (HCLU n.d.).

References

European Union (EU). N.d.a. Public Register of Authentic Travel and Identity Documents Online (PRADO). "Document: HUN-BO-05001." [Accessed 16 July 2018]

European Union (EU). N.d.b. Public Register of Authentic Travel and Identity Documents Online (PRADO). "Document: HUN-BO-05003." [Accessed 16 July 2018]

Hungarian Civil Liberties Union (HCLU). 9 July 2018. Correspondence from a representative to the Research Directorate.

Hungarian Civil Liberties Union (HCLU). N.d. "About Us." [Accessed 27 July 2018]

Hungary. 10 July 2018. Embassy in Ottawa. Correspondence from a representative to the Research Directorate.

Hungary. N.d.a. Közigazgatási és Elektronikus Közszolgáltatások Központi Hivatala (KEKKH). "In English: Personal Identification Cards." [Accessed 6 July 2018]

Hungary. N.d.b. Ügyintézés Kormányzati Portál. "Személyazonosító igazolvány (Identity Card)." Translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 10 July 2018]

Hungary. N.d.c. "Magyarország Személyazonosító Igazolványai: Personal Identity Cards of Hungary." Sent to the Research Directorate by the Hungarian Embassy in Ottawa, 31 March 2016.

Hungary. N.d.d. Ügyintézés Kormányzati portál. "Lakcímkártya (lakcímigazolvány) és a személyi azonosító (Address Card (Address Card) and Personal Identification Number)." Translated by the Translation Bureau, Public Services and Procurement Canada. [Accessed 10 July 2018]

Additional Sources Consulted

Oral sources: Hungarian Association for Migrants.

Internet sites, including: ecoi.net; Hungarian Civil Liberties Union; Hungarian Helsinki Committee; Hungary – Ministry of Interior; Keesing's Reference System; UN – Refworld.

Attachments

1. Hungary. N.d. "Magyarország Személyazonosító Igazolványai: Personal Identity Cards of Hungary." Sent to the Research Directorate by the Embassy of Hungary in Ottawa, 31 March 2016.
2. European Union (EU). N.d. Council of the European Union. Public Register of Authentic Travel and Identity Documents Online (PRADO). Compilation of samples.