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Hungarian case solution

In its judgment No. 17.K.33.152/2009/5 dated 27 January 2010, Budapest Municipal Court did not quash the expulsion order, but reduced the duration of the exclusion from Hungary to a period of two years.

The Court considered that lodging asylum applications solely for the right to stay for the duration of the asylum procedure did not seriously threaten public order and public security, and by no means affected due process of law. However, it should be taken into account that the plaintiff misused the asylum procedure, and presenting false personal data mislead the refugee authority. It should also be considered, that Ngo Luc Doc has been charged with a criminal offence committed in the territory of Hungary. Considering his past behaviour, his desire to remain in Hungary with his family does not constitute sufficient grounds for prohibiting his expulsion. The plaintiff does not work (legally) in Hungary, does not speak any Hungarian, and does not have property in the country. His only acceptable reason to stay here is that his wife lives and works with permanent residence permit in Hungary. However, his wife is also a citizen of Vietnam, so they can properly live together in their home country, where the plaintiff’s parents and siblings may help their resettlement. The couple does not have children, who would be linked to Hungarian society.

Consequently, considering all circumstances of the case, expulsion of two years is an appropriate sanction for the violation of law committed by the plaintiff, and a necessary and proportionate restriction of his right to a free chosen family life. The reason of halving the duration of expulsion was that Ngo Luc Doc does not pose a serious threat to public order and public security.