Reduction or withdrawal of reception conditions

Author

JRS Romania

IGI-DAI may limit or withdraw the material reception conditions granted to asylum seekers by a reasoned decision communicated to the applicant. The Asylum Act provides that the grounds for which material reception conditions may be limited or withdrawn are to be determined by a Government decision.[1] Accordingly, these are laid down in the Asylum Decree.

IGI-DAI may limit or withdraw the material reception conditions where the applicant:[2]

• Leaves the place of residence established for 72 hours without having previously informed the Regional Centre;
• Does not comply with the obligation to present themselves at the request of IGI-DAI in order to provide information or does not attend interviews notified to them;
• Repeatedly violates the house rules of the Regional Centres.

The law does not foresee any limitation on reception conditions due to large numbers of arrival. Where reception capacity is exhausted, IGI-DAI grants a specific allowance to asylum seekers to secure accommodation (see Forms and Levels of Material Reception Conditions).

More particularly as regards violations of house rules, Article 47 of the Regulation of Internal Order (ROI) prescribes the applicable sanctions in cases of disciplinary deviations, with the exception of applicants held in the specially designed closed spaces. The Director of the centre or their legal substitute shall apply individually, gradually and proportionally with the seriousness of the act, one of the following sanctions:

• Oral warning;
• Written warning;
• Suspension of the daily amount of 12RON for local transport expenses, cultural services, press, repair and maintenance services and expenses for personal hygiene products, for a period of 1-3 months;
• Temporary suspension from the centre for 24 hours;
• Temporary suspension from the centre for 7 days;
• Eviction from the centre.

Decisions on reducing or withdrawing material reception conditions must be reasoned and taken on an individual basis, impartially and objectively.[3] The decision is signed by the Director of the Regional Centre. However, potential risks of destitution following the withdrawal of reception conditions are not assessed.

That these measures remain in place has been confirmed for the year 2023 by IGI-DAI, who stated that they can be ordered according to the provisions of Article 47 of the Regulation of Internal Order (ROI) as indicated above.[4] However, IGI-DAI did not provide information as to practice in 2023.

In 2022, practice as regards the reduction or withdrawal of reception conditions in the different Regional Centres was as follows:

Timișoara: According to the director of the Regional Centre Timișoara, an asylum seeker that leaves the centre without a formal request, will be re-accommodated in the centre upon return and their allowance will be suspended for maximum of 2 weeks. In 2022, 82 persons received a decision to withdraw their reception conditions.

Şomcuta Mare: Nine decisions were issued for those who had left the centre for more than 72 hours without an approved request.

Rădăuţi: Asylum seekers received withdrawal of reception conditions decisions for leaving the centre without formal approval, for breaching the ROI. Five decisions were issued. For the asylum seekers who breached the ROI by causing damage in the centre the allowance was suspended for one month.

Giurgiu: according to the director of the regional centre  23 decisions to withdraw the financial allowance were issued, because the asylum seekers left the regional centre and in the case of 10 unaccompanied children who were taken over by DGASPC

Galaţi: 12 decisions were issued and in most of the cases this occurred to asylum seekers who left the regional centre without prior approval or for repeated violations.

Bucharest: the director of Stolnicu Centre reported that they issued 131 decisions suspending the 12 RON pocket money for asylum seekers who failed to comply with ROI.

According to IGI-DAI, 9,462 eviction notices were taken in 2022,[5] compared to 1099 in 2021[6], 803 in 2020[7] and 639 in 2019:[8] IGI-DAI stated that these eviction notices were issued for asylum seekers who left the centre without a formal request for more than 72 hours. Of the total number of decisions 3,350 were issued for Ukrainians who were accommodated in the centres.

Source: IGI-DAI, 22 February 2023.

The decisions to withdraw reception conditions were taken either because the asylum seekers left the reception centre without prior notification or they failed to observe the ROI.[9]

The sanction imposed was suspension of the daily amount of 12 RON for local transport expenses, cultural services, press, repair and maintenance services and expenses for personal hygiene products, for a period of 1-3 months.[10]

The decision on reduction or withdrawal of reception conditions may be challenged, subject to the rules applicable in the Accelerated Procedure: Appeal.[11] In 2019, the first and only appeal was drafted, but the applicant did not lodge it. In 2022, no decision to withdraw or reduce the reception conditions was challenged.

[1] Article 19^1(1) Asylum Act.

[2] Article 55^1 Asylum Decree.

[3] Article 55^1(3) Asylum Decree.

[4] Information provided by IGI-DAI, 18 January 2024.

[5] Information provided by IGI-DAI, 22 February 2023.

[6] Information provided by IGI-DAI, 10 March 2022.

[7] Information provided by IGI-DAI, 16 February 2022.

[8] Information provided by IGI-DAI, 20 February 2020.

[9] Information provided by IGI-DAI, 10 March 2022.

[10] Ibid.

[11] Article 19^1(1) Asylum Act.