Reason for Amendment
The lack of an upper limit for the protection period of foreigners subject to deportation orders has been found to infringe on the individual's physical freedom. Additionally, the Constitutional Court's ruling (2023. 3. 23. Decision 2020HunGa1, 2021HunGa10 [consolidated]) emphasized the need for independent and neutral oversight procedures from an entity separate from the enforcement authorities when initiating or extending the protection period. It also highlighted the importance of providing the foreign individual with an opportunity to submit their opinion. In response to this ruling, the amendment to the Immigration Control Act aims to specify the details necessary for implementing the law and fulfilling the tasks delegated by the revised law.

Key Contents

• Specification of the types of serious crimes for which protection can last up to 20 months.

• Detailed regulation of the procedure for submitting opinions.

• Regulation on the composition and operation of the Foreign Protection Committee.

• Changes to the procedures for protection review requests and extension approvals.