Access to the territory and push backs

Romania

Country Report: Access to the territory and push backs Last updated: 30/11/20

Author

JRS Romania Visit Website

According to Romanian Border Police reports, Asylum seekers arrive in Romania mainly by land through the south-western border with Serbia,[1] the southern border with Bulgaria,[2]and through the northern border with Ukraine[3].

There were also isolated cases reported by the Border Police of foreigners arrived in Romania through the Eastern border with Moldova.[4]

 

According to the Romanian Border Police, all the persons apprehended at the border with Bulgaria were “taken over by the Bulgarian Border Police, according to the Romanian-Bulgarian agreement, in order to continue the investigations and to arrange the legal measures that are required”[5].The same was reported also in case of the foreigners apprehended at the border with Ukraine; they “were handed over to the Ukrainian border authorities for further investigations, based on the readmission agreement”.[6]

 

According to the Border Police, a total of 2,048 persons were apprehended for irregular entry in 2019.[7]

 

Breakdown by border region were the persons were apprehended:

 

Border regions where persons were apprehended for irregular entry: 2019

Border

Number

Serbia

1,398

Bulgaria

415

Ukraine

124

Moldova

45

Hungary

30

Air border

24

Maritime border

12

Total

2,048

Source: Border Police

 

In 2019, as well as in 2018, it was reported that unaccompanied children who were apprehended trying to cross irregularly the border from Serbia to Romania, were prosecuted for having crossed illegally the border and for migrant smuggling. The children were/ are held in pre-trial detention. In 2019 an unaccompanied minor from Afghanistan who admitted that he illegally crossed the state border, but declared to have no involvement in migrant smuggling criminal activities was sentenced to 1 year and 2 months of confinement in a re-education centre.[8] The child was in pre-trial detention for 7 months, from 20 June 2016 to 31 January 2019, when he was transferred to the Buziaș Education Center. On 18 March 2019 he was early released. The early release was revoked in December 2019 due to non-compliance with the reporting obligations. According to IGI-DAI, he left the reception centre.[9]

 

The case of other two unaccompanied minors is still pending before the Court of Appeal Timișoara. They are in pre-trial detention since 23 October 2019.  They are also indicted for illegally crossing the border and smuggling of migrants. Their attorneys’ requests to revoke pre-trial detention to allow house arrest were dismissed by the Tribunal of Caras-Severin.[10]According to a JRS representative, they applied for asylum a month after their criminal proceedings started.

 

Relocation

 

Romania pledged to resettle 109 refugees during 2018-2019[11] from Turkey (69) and Jordan (40). According to JRS and IOM, 73 persons were relocated (42 from Jordan and 31 from Turkey).[12]

 

In addition, a number of 12 migrants rescued in the central Mediterranean were relocated to Romania.[13] 9 migrants were relocated from Italy and 3 from Malta.

 

Push backs and border monitoring

 

In 2019, 2,048 persons were apprehended for crossing, or attempting to cross, the border.[14] The Border Police prevented the entry of 6,042 persons.[15]

 

While in the first 6 months of 2018, only 655 third-country nationals were apprehended for irregular entry,[16] in 2017, the border guards apprehended 5,846 foreign nationals who tried to irregularly cross the border, of which 2,840 entering the country and 3,006 exiting, a large part of them acting illegally at the border organised in groups of migrants, with the support of smugglers.[17]

 

Persons apprehended for irregular entry: 2019

Country

Number

Iraq

662

Syria

168

Afghanistan

159

Turkey

132

Bangladesh

112

Other

815

Total

2,048

Source: Border Police

 

Reports from UNHCR Serbia show an increase in 2019 of collective expulsions in comparison with 2018 (746-persons were collectively expelled in 2018). 1,561 persons were collectively expelled from Romania to Serbia in the period from 1 January to 31 December 2019,[18] with higher numbers registered in the last months of the year (October: 288; November: 439; December: 123). At the same time, the Jesuit Refugee Service (JRS) representative stated that they did not receive any reports on pushbacks or collective expulsions.

 

According to the JRS representative, administrative returns are always documented, regardless if persons are being returned under the readmission agreement or because of a refusal of entry. There were no reports of summary returns in 2019.[19]

 

Information and interpretation at the border

 

According to the Asylum Act, if there are elements that lead to the idea that a foreigner intends to apply for international protection in Romania in the context of pre-trial detention or detention facilities, penitentiaries, border crossing points or transit area, the competent authorities for the asylum application provide information on the possibility of submitting the request.[20]

 

The Border Police stated that they orally inform foreigners about the possibility to apply for asylum in Romania in a language widely used internationally (such as English or French). However, the Border Police stated that during specific border surveillance and control activities, they focus on identifying foreign citizens who express their willingness to make an asylum application (vulnerability indicators). There is no interpreter at this activity.[21]

 

The Border Police also reported that, as a result of the cooperation activities carried out by the Border Police with non-governmental organisations providing assistance to asylum seekers, leaflets were developed and distributed to all the territorial structures of the Border Police. The leaflets were translated in English and French, but also in languages and dialects spoken by the asylum seekers (analysing the statistical data from 2018 regarding the prevailing nationalities of asylum seekers).  The leaflets include basic information related to the asylum system in Romania, a series of provisions regarding the rights and obligations of asylum seekers and contact details of non-governmental organisations specialised in providing assistance to asylum seekers.[22]

 

According to the JRS representative, JRS Romania, in partnership with UNHCR Romania, has developed information leaflets in English, French, Arabic, Farsi and Pashto for asylum-seekers at the border of Romania. The content of the leaflets has been agreed upon by the General Inspectorate of the Border Police and the brochures are now available in most of the border crossing points. This year, a new batch has been printed to supply the border crossing points not stocked yet.

It was reported by the JRS representative that even though the leaflets were distributed, they have no feedback on how they are used in practice by the Border Police. Also, the impact of the existence of these leaflets at the border crossing points was not monitored.

 

According to the JRS representative, even though the law foresees an obligation to provide information at border-crossing points, there is no established mechanism on how this should be provided, because the specifics of each border post differ. Some of the border crossing points have materials from IGI (printed excerpts from legislation, briefings), which they use as support for providing information, some use the information leaflet provided by JRS. So, the practice varies, but this is relatively normal considering Romania’s borders have different capacity and resources.

 

At this stage, NGOs have access to border-crossing points only once third-country nationals have submitted the asylum application. Furthermore, NGOs need to be informed about the people’s presence directly by the Border Police or through UNHCR Romania. Nevertheless, a JRS report published in July 2018, based on findings collected through interviews, also raises issues concerning information provision.[23] It includes testimonies from 26 migrants who arrived in Romania. The testimonies describe how the Border Police and other officials fail to provide migrants with necessary information and have even given misleading information.[24]

–        The report lays out the experience of a 16-year-old boy who was rescued by the Romanian Coast Guard in the Black Sea: “He was told to ‘go to court’ to apply for asylum, and while he did have a court hearing eventually, the hearing was about his stay in detention and not about accessing the asylum procedure. It was only after initiating a hunger strike that the authorities finally relented and gave him access to the asylum procedure.”[25]

–        Furthermore, another man stated that he “did not apply for asylum because the authorities discouraged it, telling him that Romania was unable to host more asylum seekers.”[26]

–        A group of Iraqi Kurds, who were granted tolerated status[27] in Romania even though they wanted to apply for asylum did not do so because they believed their tolerated status prevents them from seeking asylum. As a consequence some of them agreed to voluntary repatriation.

–        A Pakistani national, who prior to his arrival in Romania had made an asylum application in Bulgaria and did not want to return there, explained why he did not make an asylum application in Romania: “I was told that once registered as an asylum seeker in another European country, there is a real risk to be sent back there.”[28] After his fingerprints were found in the Eurodac database, he lodged an asylum application in Romania in order to avoid being transferred to Bulgaria. The asylum seeker declared: “’[t]hey didn’t tell me anything about it. They sent me to detention and looked at me as an offender, since I crossed the border illegally. I had no proper interpreter, no lawyer, no information, and no time to understand my situation. Nobody gave me proper information on the possibility and consequences of asylum.”[29]

 

According to a JRS representative, the arrangements for interpretation differ from one border crossing point to another, but in principle it is available. The arrangements are different, in the sense that the border crossing points closer to big cities have easier access to interpreters (even of rarer languages), while other border crossing points have a more  restricted access, only to some languages or they call the interpreters via telephone or via skype. The JRS representative also reported that while it is impossible to verify how the information is provided at the border, since they are not there when this happens, there were no reports of withholding information.

According to the JRS representative, JRS Romania has not received any complaints related to information provision at the border crossing points in 2019, nor of ill-treatment. Most of the complaints received were linked to readmission agreements (people contesting this decision). Third country nationals complained about this to JRS, UNHCR in counseling during the Participatory Assessment and/or via emails.

However, according to the JRS representative from Rădăuţi, 3 asylum seekers who wanted to cross the border from Serbia to Romania, declared that they were beaten by the Romanian Border Police officers and pushed back to Serbia. The second time they tried to cross the border, no problems were encountered and they were taken to the Regional Centre of Timișoara. Another stakeholder being interviewed mentioned that asylum seekers apprehended at the border declared that the Romanian Border Police officers had destroyed their phones.

 

The bipartite agreement on border monitoring

 

In Romania there is a framework of border monitoring, which takes place under a bipartite agreement between UNHCR and the General Inspectorate of the Romanian Border Police (Inspectoratul General Politia de Frontiera, IGPF). JRS Romania is the implementing partner of UNHCR, as described in the Memorandum of Understanding. The border monitoring activities include:

–        Regular visits to designated border areas, including international airports, to monitor access to the territory and to the asylum procedure;

–        Trainings for first and second-line officials in border crossing points;

–        Training sessions delivered at Border Police Schools;

–        Establishment of a mechanism for regular exchange of information at the borders with Serbia, Hungary and Bulgaria;

–        Development of protection information material for potential asylum seekers at the border, under UNHCR coordination, containing up-to-date, accessible and age/gender diversity sensitive information;

–        Assistance to asylum seekers during border procedures, within the framework of UNHCR-IGPF agreement. 

 

The border monitoring activity implies gathering data on entries and exits in and from Romania through public sources – media monitoring – official statistics and visits to designated border areas.
During the visits to the designated border areas, the implementing partner: inspects the facilities in the transit zones designated for asylum seekers; conducts interviews with the asylum seekers accommodated there; discusses with the authorities at the border crossing point, border sector or Territorial Inspectorate of Border Police.  The discussions with the authorities usually cover trends, routes, number of entries and exits, particular cases and other relevant information.

 

Visits are usually conducted at border crossing points where a relevant number of entries or exits was registered. The number of visits conducted depends on the circumstances, such as the number of arrivals, influx of migrants. In general, JRS conducts its monitoring visits separately from UNHCR, however there are periodic joint visits. UNHCR may also conduct visits separately from JRS. UNHCR conducts the same activities as the implementing partner, plus cross-border visits. In practice, cross-border visits are conducted jointly with JRS.

 

In case of regular monitoring visits, the Border Police is notified in advance. In case of emergency interventions regarding specific asylum cases, the Border Police is notified in the same day or shortly before the visit is conducted.

 

In 2019, 15 monitoring visits were conducted, out of which 6 were conducted jointly with UNHCR and some were cross-border missions.

 

Refusal of entry

 

According to the Border Police 7,640 third country nationals were refused entry into Romania in 2019.

 

Persons refused entry: 2019

Country

Number

Moldova

3,004

Ukraine

1,469

Serbia

631

Turkey

519

Albania

492

Other

1,525

Total

7,640

 

Source: Romanian Border Police

 

Breakdown of the total number of persons refused entry by border region (2019):

 

Persons refused entry by border region: 2019

Border

Number

Moldova

3,021

Ukraine

1,382

Serbia

1,080

Air border

1,070

Bulgaria

560

Hungary

458

Maritime border

69

Total

7,640

Source: Romanian Border Police

 

In the first half of 2018, 2,466 third country nationals were refused entry into Romanian territory. Only 23 appeals were lodged against decisions refusing entry.[30]

 

In 2019, only 55 appeals were lodged against decisions refusing entry.[31]

 

Pursuant to the Aliens Act, the refusal of entry is motivated by the Border Police authorities and it is immediately communicated to the person concerned, using the form provided in Part B of Annex V of the Schengen Borders Code and the National Visa Centre within the Ministry of Foreign Affairs.[32] This form is provided to the person concerned in Romanian and English.[33]

 

As the Aliens Act does not foresee a special remedy against the decision of refusal of entry, general administrative law applies.[34] As a result, the person concerned may lodge an action against the decision before the Administrative Court with territorial jurisdiction over the area in which the issuing body of the contested administrative act is located.[35]

 

Prior to lodging an appeal at the Administrative Court, the person, who considers that his or her rights have been breached by an administrative act issued by a public institution, shall appeal to the issuing public authority within 30 days. The complaint should be addressed to the hierarchically superior body if there still is one (for example when the act had already been taken by a superior there might no longer be a hierarchically superior body).[36] The appeal is assessed in 30 days.[37]An appeal lodged to the Administrative Court without fulfilling this prior procedural step will be declared inadmissible. The complaint and the appeal to the Administrative Court have no suspensive effect.

 

The applicant may request the suspension of the administrative act to the competent court, when lodging the prior appeal,[38] or when appealing to the court.[39]

 

The Aliens Act prescribes that the foreigner against whom the measure of non-entry to Romania has been taken has the possibility to voluntarily leave the border crossing point within 24 hours. The term is calculated from the time when the measure of non-entry to Romania was ordered.[40]

 

Upon the expiration of the 24-hour term, the decision of refusal of entry to Romania is enforced by the Border Police, taking into account the state of health of the person concerned. The person is sent to the country of origin or to another destination accepted both by the person and the third state concerned, except Romania.[41] The consequence of this provision is that the foreigner against whom a decision of refusal of entry was taken has only 24 hours to lodge the appeal against the decision.

 

If the Border Police needs more than 12 hours to carry out the removal from the border-crossing point, the individual is accommodated in a space arranged for this purpose in the transit area, or, if this is not possible, to another location established outside the border-crossing point with transit area status.[42]

 

The Aliens Act prescribes a special procedure when the foreigner declares to the Border Police authorities that, in case he or she was forced to leave the border crossing point, he or she would have to go to a state where he or she fears that his or her life is endangered or he or she will be subjected to torture, inhuman or degrading treatment and he or she does not submit an asylum application.[43]When this occurs the Border Police officers shall immediately inform IGI-DAI, which, within maximum of 10 days, shall analyse the situation of the foreigner and determine whether the declaration is well-founded.[44] If person’s statement is unfounded, IGI-DAI the communicates the decision to the border police authorities, which will inform the person concerned in this respect.[45]   

 

If the foreigner's declaration is well-founded, IGI-DAI will enforce the decision of refusal of entry to Romania by removal under the escort of the foreigner. The provisions of the Aliens Act on removal under the escort, public custody of foreigners and toleration status on the territory of Romania apply accordingly.[46]

 

Apprehension for irregular exit to Hungary

 

While irregular entry or stay in Romania committed by persons who have been granted a form of protection is not punishable,[47] irregular exit from the country is punishable under the Criminal Code by imprisonment from 6 months to 3 years or a fine.[48]

 

Up to 2018, asylum seekers or other migrants apprehended trying to irregularly cross the border into Hungary, were sanctioned only with a fine.[49] The situation changed in 2018 when the Regional Court of Chișineu-Crișstarted delivered sentences of six months’ imprisonment, coupled with a two-year entry ban from the territory of Romania and, in some cases, even legal expenses of 1,000 RON / €212.[50] At least 19 persons have been convicted, including a family with minor children. The family was apprehended in November 2018 and held in prison, while their four children were taken into care by the Directorate-General for Social Protection and Child Protection (DGASPC). The parents were released on 21 December 2018, after their appeal was admitted.

 

According to the Director of the Regional Centre Timișoarathere there were no cases as such in 2019. The same was echoed by the stakeholders interviewed from Şomcuta Mare, Galaţi, Rădăuţi, Timișoara, Bucharest.

 



[1]Border Police,‘Zece cetăţeni afgani călăuziţi de un cetăţean român, opriţi la frontiera cu Serbia, 12 October 2019, available in Romanian at: https://bit.ly/36kkUBa; Trei cetăţeni afgani călăuziţi de un cetăţean iranian, opriţi la frontiera cu Serbia, 10 October 2019, available in Romanian at:https://bit.ly/2NmVyu1; Unsprezece cetăţeni turci şi trei călăuze, depistaţi de poliţiştii de frontieră de la Oraviţa, 22 October 2019, available in Romanian at:https://bit.ly/2MYc707; ‘O familie de cetăţeni chinezi, călăuzită de un alt membru de familie, oprită la frontiera cu Serbia, 20 August 2019, available in Romanian at:https://bit.ly/2owabmn; ‘Trei cetăţeni din Kosovo, opriţi la frontiera de sud-vest, 19 August 2019, available in Romanian at:https://bit.ly/2MY2r5L; ‘Zece irakieni călăuziţi de un cetăţean sârb, opriţi la frontiera cu Serbia, 03 August 2019, available in Romanianat:https://bit.ly/2PxnOg0; ‘Trei cetățeni albanezi și un turc, depistați în timp ce încercau să intre ilegal pe teritoriul României, 15 July 2019, available in Romanian at:https://bit.ly/2MWmWzT; ‘Cinci irakieni călăuziţi de un cetăţean sârb, opriţi la frontiera cu Serbia, 1 July 2019, available in Romanian at:https://bit.ly/2psckzL; ‘Nouă cetăţeni turci și două călăuze, opriţi la frontiera de sud-vest, 27 June 2019, available in Romanian at:https://bit.ly/34fBDnE; Doi cetățeni albanezi depistați în timp ce încercau să intre ilegal pe teritoriul României, 22 May 2019, available in Romanian at:https://bit.ly/347dnUC; Nouă cetățeni străini, opriţi la frontiera cu Serbia, 14 March 2019, available in Romanian at:https://bit.ly/2q8lPV2;Șaisprezece cetățeni străini, opriţi la frontiera cu Serbia, 27 February 2019, available in Romanian at:https://bit.ly/32ZObzl;

[2]Border Police,  ‘Doi tineri afgani ascunși sub un camion, depistaţi la P.T.F. Giurgiu’, 14 October 2019, available in Romanian at: https://bit.ly/2q4dzVQ; ‘26 de cetăţeni străini, descoperiţi ascunşi într-o autoutilitară, la P.T.F. Giurgiu’, 27 September 2019, available in Romanian at:https://bit.ly/2NsjCvx; ‘Patru cetăţeni din Bangladesh şi unul din India ascunși într-un camion, depistaţi la P.T.F. Calafat’, 24 August 2019, available in Romanian at:https://bit.ly/2ptIF9x; ‘Cetăţean turc, ascuns deasupra cabinei unui camion, depistat la P.T.F. Calafat’, 22 August 2019 available in Romanian at:https://bit.ly/2WoVBcV; ‘Mamă şi fiu cu documente de călătorie aparţinând altor persoane, depistaţi la P.T.F. Calafat’, 20 August 2019, available in Romanian at:https://bit.ly/34ouCRB; ‘Doi irakieni, ascunși pe osia unei semiremorci, depistaţi la P.T.F. Giurgiu’, 14 August 2019, available in Romanian at:https://bit.ly/2q2g76U; Nouă irakieni ascunși într-un microbuz, printre echipamente pentru scufundări, depistaţi la P.T.F. Calafat, 12 July 2019, available in Romanian at: https://bit.ly/3302ofy; ‘Cetăţean turc, ascuns deasupra cabinei unui autocamion, depistat la PTF Calafat, 22 June 2019, available in Romanian at:https://bit.ly/2or4W7g; ‘Cetăţean sirian ascuns în portbagajul unui autoturism, depistat la P.T.F. Calafat, 21 May 2019, available in Romanian at:https://bit.ly/2MXCraU; ‘Cinci cetăţeni din Siria şi Irak, ascunși printre seminţe de floarea soarelui, depistaţi la P.T.F. Bechet, 7 May 2019, available in Romanian at:https://bit.ly/32Xwwbu; Trei cetăţeni iranieni, ascunși printre piese auto, depistaţi la P.T.F. Giurgiu, 7 May 2019, available in Romanian at:https://bit.ly/2MYRGQH; ‘Zece cetăţeni din Irak şi Siria, depistaţi la P.T.F. Calafat, ascunși printre geamuri termopan, 6 May 2019, available in Romanian at: https://bit.ly/2PwKu07; ‘O femeie din Iran descoperită ascunsă într-un autoturism la P.T.F. Bechet, 29 April 2019 available in Romanian at:https://bit.ly/34fKdT8; ‘Șase cetăţeni străini, ascunşi  sub podeaua unui  autocar, depistaţi în P.T.F. Giurgiu, 22 April 2019, available in Romanian at:https://bit.ly/2BSmCMe; ‘Femeie ascunsă în cabina unui autocamion, depistată la P.T.F. Giurgiu, 15 March 2019, available in Romanian at:https://bit.ly/2N0zw1h; ‘Trei pakistanezi, ascunși printre calorifere, depistaţi la P.T.F. Giurgiu, 5 March 2019, available in Romanian at: https://bit.ly/2WpBZ8g;Doi cetăţeni turci depistaţi de poliţiştii de frontieră în timp ce încercau să intre ilegal în ţară, 18 February 2019, available in Romanian at: https://bit.ly/2MYNKPU;Patru cetățeni turci cu documente de identitate bulgăreşti, depistați la P.T.F. Giurgiu, 17 January 2019, available in Romanian at:https://bit.ly/2N2NkIF;

[3]Border Police,‘Doi cetățeni din Algeria şi Tunisia, opriți la frontiera de nord a țării, 23 Octombrie 2019, available in Romanian at:https://bit.ly/2JyjcCE;  ‘Trei cetățeni străini opriți la frontiera de nord a țării, 16 September 2019, available in Romanian at:https://bit.ly/34dmnaM; ‘Cetăţeni din Bangladesh depistaţi de poliţiştii de frontieră botoşăneni în cooperare cu grănicerii ucraineni, 10 July 2019, available in Romanian at:https://bit.ly/34dkfj7; ‘Patru cetăţeni străini opriți la frontiera de nord a țării, 3 July 2019, available in Romanian at:https://bit.ly/34dSHtZ; ‘Trei cetățeni din Gambia, opriți la frontiera de nord a țării,  27 June 2019, available in Romanian at:https://bit.ly/36etMbz;Trei cetățeni libieni, opriți la frontiera de nord a țării, 30 Aprilie 2019 available in Romanian at:https://bit.ly/2JB4FGp;Șase cetățeni din Bangladesh opriți la frontiera de nord a țării, 15 Martie 2019, available in Romanian at:https://bit.ly/2psj3cX;

[4]Border Police, ‘Doi sirieni au traversat Prutul pe o cameră de tractor, 23 Februarie 2019, available in Romanian at: https://bit.ly/34aDAS0;Doi cetățeni străini, ascunși sub un autocar, depistați în P.T.F. Oancea, 20 May 2019, available in Romanian at: https://bit.ly/2phtgJs.

[5]Border Police press releases.

[6]Border Police press releases.

[7]Information provided by the Border Police, 12 February 2020.

[8]Court of Appeal Timisoara, 2270/115/2018, 28.01.2019.

[9]Tribunal of Caras Severin, Decision 80 of 12 December 2019.

[10]Tribunal of Caras-Severin, Case file 2277/115/2019

[11]Article 3^1 (1^3) Government Decision 1596/2008.

[12]IGI-DAI, Annual Activity Report of 2019, available in Romanian at: https://bit.ly/3cUh1FU.

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

[14]Information provided by Border Police, 12 February 2020.

[15]Ibid.

[16] Information provided by Border Police, 27 August 2018.

[17] Border Police, Evaluation of the activity of the Romanian Border Police in 2017, 15 February 2018, available in Romanian at: https://bit.ly/2IRfEwc.

[18]UNHCR, UNHCR Serbia Update, available at: https://data2.unhcr.org/en/search.

[19]Act 61/2001 on the ratification of the Agreement between the Government of Romania and the Government of the Republic of Bulgaria on the readmission of its own citizens and aliens, available in Romanian at: https://bit.ly/2G1aHjb.

[20]Article 35^1 Asylum Act.

[21]Information provided by Border Police, 12February 2020.

[22]Information provided by Border Police, 12February 2020.

[23]JRS, Forgotten at the Gates of Europe: Ongoing Protection Concerns at the EU’s External Border, June 2018, available at: https://bit.ly/2NcY0VL.

[24]Ibid, 17 and 19.

[25]Ibid, 17.

[26]Ibid.

[27]Article 106^1 Aliens Act – Toleration status is granted to third country nationals who do not have the right to stay in Romania and due to objective reasons, foreseen by the Aliens Act cannot leave Romania.

[28]JRS,Forgotten at the Gates of Europe, June 2018,19.

[29]Ibid, 19-20.

[30]Information provided by Border Police, 27 August 2018.

[31]Information provided by Border Police, 12 February 2020.

[32]Article 8(4) Aliens Act.

[33]Information provided by Border Police, 12February 2020.

[34]Act 554/2004 on Administrative Litigation.

[35]Articles 6-18 Acton Administrative Litigation.

[36]Article 7(1) Acton Administrative Litigation.

[37]Article 7(4) in conjunction with Article 2(1)g) Acton Administrative Litigation.

[38]Article 14 Act on Administrative Litigation.

[39]Article 15 Act on Administrative Litigation.

[40]Article 9(1) Aliens Act.

[41]Article 9(2) Aliens Act.

[42]Article 9(3) Aliens Act.

[43]Article 9(5) Aliens Act.

[44]Article 9(6) Aliens Act.

[45]Article 9(7) Aliens Act.

[46]Article 9(8) Aliens Act.

[47]Article 11 Asylum Act.

[48]Article 262(1) Criminal Code.

[49]Only one case of imprisonment for attempt to irregularly cross the border from 2016 was reported by JRS representative.

[50]Regional Court Chișineu-Criș: Decisions 47/2018, 48/2018, 49/2018 and 50/2018, 29 March 2018; Decision 81/2018, 17 May 2018; Decisions 133/2018 and 134/2018, 27 September 2018.

 

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the first report
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation