Access to the territory and push backs

Romania

Country Report: Access to the territory and push backs Last updated: 31/05/23

Author

Felicia Nica

According to the director of Timişoara Regional Centre half of the asylum claims in 2022 were made by persons who legally entered Romania, holding a working permit and were apprehended trying to irregularly cross the border from Romania to Hungary.

According to Romanian Border Police reports, asylum seekers arrive in Romania mainly by land through the southwestern border with Serbia,[1] through the southern border with Bulgaria,[2] and through the northern border with Ukraine[3]. In 2022, migrants were also intercepted by the Romanian Coast Guard in the Black Sea; according to Border Police reports 157 persons were rescued.[4]

According to a press release of the Romanian Border Police, all 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 Border Police reported that in 2022 1,396 persons were returned to neighbouring countries compared to 831 in 2021, under readmission agreements.[6]

Returns under readmission agreements: 2022
Border Number
Serbia 110
Bulgaria 290
Ukraine 53
Moldova 17
Hungary 779
Maritime border 147
Total 1,396

Source: Border Police

 

However, the number of persons returned to Serbia in 2021 reported by the directors of the two detention centres is higher. According to the director of Arad public custody centre, around 175 foreigners detained in Arad were returned to Serbia under the readmission agreement in 2022. From Otopeni custody centre 78 detainees were returned to Serbia in 2022, according to the representatives of the centre. Moreover, the Timişoara Border Police Territorial Inspectorate (ITPF Timişoara) representative stated that 685 persons were returned to Serbia based on the readmission agreement in 2022, by the institution.

The Border Police have reported that persons who are detected by border guards in connection with an unauthorized crossing of the state border and who do not make an asylum claim are returned to the neighbouring state, either on the basis of readmission agreements concluded by the European Union with third countries (Ukraine, Moldova, Serbia), or on the basis of bilateral treaties (Bulgaria, Hungary). They receive an entry ban for 5 years which is communicated and includes information on the reason and possibility to challenge the measure. This information is provided with the help of an authorized interpreter.[7]

According to CNRR, both returns and readmissions are made based on protocols, so these decisions are based on legal provisions and notified to the PoCs.[8]

According to the Border Police, a total of 4,966[9]  persons were apprehended for irregular entry in 2022 compared to 9,053[10] in 2021, 6,658[11] in 2020 and 2,048 in 2019.[12]

According to the Border Police, in 2022, at the national level, the border police detected 4,966 foreign citizens while they were entering the country by fraudulently crossing the border. 6,357 foreign citizens were detected trying to illegally cross the border into neighbouring states, most of them being detected at the border with Hungary.[13] The Timişoara Border Police Inspectorate representative declared that 1838 persons were apprehended for irregular entry in 2022, of which 950 were Indian nationals (the high number being explained as they are exempted from visa requirements in Serbia), 185 Pakistani nationals, 160 Syrians and 160 Afghan nationals. Out of the total of persons apprehended by the ITPF Timişoara 1,652 made an asylum claim.

In 2022, a total of 6,392 asylum claims were made at the border police structures, most of them were made at the Romanian-Hungarian border -2897[14] – and 2520 at IGI-DAI structures.[15]

A significant decrease (over 60%) of the migratory pressure at the border with Serbia was observed, although the statistics from the last months of 2022 from the relevant European agencies indicated a continuously increasing migratory pressure in the Western Balkans region. The Border Police explained this phenomenon as result of securing vulnerable border areas and increasing response capacity, including FRONTEX support (374 representatives, of whom 239 operated on the ground and the rest on the Danube river), acting in collaboration with Serbian border authorities to prevent the illegal crossing of migrants from the neighbouring country. Thus, in 2022, 27,524 people were prevented from entering the country, the indicator decreasing by 63.6% compared to 2021.[16]

Breakdown by border region where the persons were apprehended:

Border regions where persons were apprehended for irregular entry: 2022
Border Number
Serbia 1,591
Bulgaria 504
Ukraine 4,871
Moldova 56
Hungary 41
Air border 80
Maritime border 196
Total 7,339

Source: Border Police.

 

It is worth mentioning that the number of persons apprehended for illegal entry into Romania through Serbia and Bulgaria in 2022 dropped considerably from 7,665 and 1,077, respectively. The number of persons apprehended for irregular entry through the maritime border increased significantly from two in 2021 to 196 in 2022.

In 2020, (as in 2019 and 2018), it was reported that unaccompanied children who were apprehended trying to irregularly cross the border from Serbia to Romania, were prosecuted for illegal border crossing and for migrant smuggling. A JRS representative reported eight cases of unaccompanied minors from Afghanistan who were under criminal investigation for illegal border crossing and 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 no involvement in migrant smuggling criminal activities, was sentenced to 1 year and 2 months of confinement in a re-education centre.[17] The child was in pre-trial detention for 7 months, from 20 June 2018 to 31 January 2019, when he was transferred to the Buziaș Education Center. On 18 March 2019 he was released early. 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.[18] No cases were reported in 2022.

Two unaccompanied minors had been due before the Court of Appeal Timișoara after being in pre-trial detention since 23 October 2019.  They were 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.[19] According to a JRS representative, they applied for asylum a month after their criminal proceedings started. The outcome of the case is not known.

Relocation and resettlement

Romania pledged to resettle 109 refugees in 2018-2019[20] from Turkey (69) and Jordan (40). According to JRS and IOM Romania, 73 persons were resettled (42 from Jordan and 31 from Turkey).[21] In addition, 12 migrants rescued in the central Mediterranean were relocated to Romania.[22] Nine migrants were relocated from Italy and three from Malta.

In 2020, Romania resettled 37 Syrian refugees from Turkey and 4 migrants rescued in the Mediterranean Sea were relocated from Malta.[23]

According to Government Decision no. 1596/2008 on the resettlement of refugees in Romania, the resettlement quota set for the period 2022-2023 was 200 refugees in need of resettlement. During 2021, 75 people were resettled to Romania and the operations are to continue in 2022.[24] In 2022, 81 Syrians were resettled to Romania- 41 from Lebanon and 40 from Turkey.[25]

Pushbacks and border monitoring

In 2019, 2,048 persons were apprehended for crossing, or attempting to cross, the border.[26] The Border Police prevented the entry of 6,042 persons.[27] In 2020 this number increased significantly to 6,658 persons apprehended for crossing, or attempting to cross, the border and 12,684 persons were prevented from entering Romania.[28] In 2021, 9,053 persons were apprehended for attempting to cross the border and 11,232 persons were prevented from entering the country.[29] (See table below)

According to the ITPF Timişoara, responsible for 3 counties in border areas (Timis, Caras Severin, Mehedinti) the statistics for persons prevented from entering the country just in this limited area were as follows: 2019 – 6,107, 2020 – 34,938, 2021 – 75,303 and 2022- 27,469.

Persons apprehended for corssing or attempting to cross the border
Persons apprehended for irregular entry Persons whose entry was prevented by Border Police
2019 2,048 6,042
2020 6,658 12,684
2021 9,053 11,232*
2022 4,966 9,044

* 11,232 foreign citizens were not allowed to enter because they did not fulfill the legal entry conditions. The main reasons for this measure were the following: they did not possess the necessary documentation to justify the purpose and conditions of their stay or they did not have a valid visa or a valid residence permit.[30] According to the ITPF Timişoara representative in 2021, 75,303 people were prevented from entering the country by the Border Police jointly with the Serbian Border authorities. In 2022, 27,469 persons were prevented from entering Romanian territory.

 

Persons apprehended for irregular entry: 2022
Country Number
Syria 213
Afganistan 70
Turkey 61
Iran 24
Morocco 24
Total 522

Source: Border Police. The Border Police only reported persons apprehended at border crossing points.

 

In 2022, UNHCR Serbia reported 1,232 pushbacks from Romania.[31] The number has decreased significantly in comparison with 2020, when 13,409 were collectively expelled from Romania to Serbia.

The CNRR representative in Timişoara stated that many asylum seekers reported that they entered Romania at their first attempt, while only one person complained that he had tried to cross the border 10 times. The same was reported by the CNRR representative in Giurgiu.

CNRR reported that its counselors did not receive any reports of push-backs or collective expulsions.[32]

Ill-treatment at the border

According to the Save the Children/CNRR representative in Timişoara, no reports of ill-treatment at the border were made by asylum seekers. They only complained that their phones were confiscated by the Border Police for further investigations. The same was echoed by NGO representatives in Giurgiu.

CNRR stated that its counselors are not aware of any cases of ill-treatment.[33]

In October 2022, the Border Violence Monitoring Network (BVMN) observed an increase in violence in the pushbacks perpetrated by Romanian police officers at the Serbian-Romanian border in the “triangle” area, where the Romanian, Hungarian and Serbian borders unite. They collected testimonies from mostly Syrians who declared that they had been beaten (with batons/hands/other), pushed to the ground, insulted, threathened, their money had been stolen and their phones destroyed by two Romanian officers wearing camouflage uniforms.[34]

Information and interpretation at the border

According to the Asylum Act, if there are elements that indicate 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.[35]

As regards the information about the possibility to make an asylum application, the Border Police stated that the territorial structures of the Border Police have leaflets in several international languages in circulation, including Arabic, Kurdish, Pashto, Farsi. The leaflets cover information on the rights and obligations of asylum seekers and information regarding the assistance provided by NGOs.[36]

CNRR reported that, following consultations with UNHCR on the information needs at the border with Ukraine and Moldova, 10 000 leaflets with information on the asylum procedure were drafted and translated into Ukrainian and distributed at border crossing points with Ukraine and the Republic of Moldova in order to increase access to accurate information on the RSD procedure.

CNRR discovered that there were no updated information leaflets on the asylum procedure in other languages. The team started working on a new leaflet on the right to ask for asylum in Romania to disseminate in 2023. Leaflets can only be displayed at border-crossing points with prior approval by the authorities (Border Police), but the authorisation process has started.

In 2022, leaflets with DOPOMOHA[37] were distributed by CNRR to the people coming from Ukraine. The leaflet promoted the DOPOMOHA platform which contained official and secure information. Also, it indicated contact data for all the relevant Romanian authorities.[38]

During the author’s visit to ITPF Timişoara, representatives from the institution showed what leaflets are available at Moravita crossing point. These were the following: a CNRR leaflet in English on the rights and obligations of foreigners taken into public custody printed under a project implemented in 2018/2019, FRONTEX leaflets on access to asylum procedure in English and in French and a booklet on the right to complain in several languages. The representatives emphasized that the FRONTEX leaflets are the most used.

The director of Timişoara centre reported that the Border Police uses interpreters that IGI-DAI refuses to contract because there were suspicions that they were connected with smugglers.

The legal counselor of Rădăuţi reported that many asylum applications are filled in in Romanian and the reasons given in the application are all socio-economic.

CNRR stated that any person detained at the border for illegal crossing or who presents themselves at a border-crossing point, following hearings by the judicial police officer, is informed that they have the right to make an asylum application. Furthermore, CNRR mentioned that any interview, hearing or investigation made by the authorities (Border Police) is accompanied by an interpreter.

The representatives of ITPF Timişoara declared that an interpreter is called when foreigners are apprehended. Foreigners are informed about the right to make an asylum application immediately verbally in English or in writing through FRONTEX leaflets. The Border Police has access to interpreters in all languages spoken by apprehended migrants and in case of need they can contact the embassies for guidance.

The Border Police reported that they provide information both orally and in writing. The available leaflets in English, French, Arabic and different dialects of the Arabic are made by UNHCR. No interpreter is present at the information session.[39]

CNRR counselors observed that few reports were received regarding the information provision at the Bulgarian, Serbian and Hungarian borders. However, at Otopeni International Airport, three people reported that they did not have access to information during their detention in the transit area. They stated that the Border Police officers ignored their requests and did not call interpreters when needed.[40]

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 migrant’s presence directly by the Border Police, through UNHCR Romania or by the migrant’s family or friends or by him/ herself. Given the Memorandum of Understanding between the UNHCR and the General Inspectorate of the Border Police, the representatives will mutually notify each other when immediate intervention is needed at the border crossing-point/transit area, via telephone/e-mail.[41]

The bipartite agreement on border monitoring

In Romania there is a framework on 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). CNRR is UNHCR’s implementing partner as described in the Memorandum of Understanding. The border monitoring activities include: formal meetings with the authorities, monitoring missions at border crossing points and public custody centres, and counselling sessions on international protection with people who request assistance at the border.

When carrying out monitoring activities, there were no major obstacles. However, when immediate intervention is needed, the access of the counselors is delayed by formal notifications and prior approvals. CNRR will have further meetings with the Border Police to discuss a quicker way of accessing persons of concern in urgent cases.

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 on the same day or shortly before the visit is conducted.

In 2022, a total of 77 monitoring visits were conducted by CNRR at the border, of which 69 visits were conducted at the Serbian, Bulgarian and Hungarian borders, 8 at the Moldovan and Ukraine borders. None of the monitoring visits were conducted jointly with UNHCR.

No cross-border monitoring visits were conducted in 2020, 2021 or 2022.

Refusal of entry

According to the Border Police 7,640 third country nationals were refused entry into Romania in 2019. In 2020, a noteworthy increase was registered of 12,684 of persons who were refused entry.[42] In 2021 the number slightly decreased to 11.232 persons.[43] In 2022 the number decreased again to 9,044.[44]

Persons refused entry: 2022
Country Number
Moldova 2,949
Ukraine 1,615
Turkey 736
Russia 501
Turkmenistan 216
Total 9,044

Source: Romanian Border Police

 

Breakdown of the total number of persons refused entry by border region (2022):

Persons refused entry by border region: 2022
Border Number
Moldova 3,653
Ukraine 1,843
Serbia 715
Air border 1,439
Bulgaria 928
Hungary 299
Maritime border 167
Total 9,044

Source: Romanian Border Police.

 

In 2022, at the level of the General Inspectorate of Border Police (IGPF), four appeals against refusal of entry were processed.[45]

Pursuant to the Aliens Act, 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.[46] This form is provided to the person concerned in Romanian and English.[47]

As the Aliens Act does not foresee a special remedy against the decision of refusal of entry, general administrative law applies.[48] 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.[49]

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).[50] The appeal is assessed in 30 days.[51]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,[52] or when appealing to the court.[53]

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.[54]

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.[55] 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.[56]

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.[57] 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.[58] If person’s statement is unfounded, IGI-DAI communicates the decision to the border police authorities, which will inform the person concerned in this respect.[59]

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.[60]

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,[61] irregular exit from the country is punishable under the Criminal Code by imprisonment from 6 months to 3 years or a fine.[62]

Up to 2018, asylum seekers or other migrants apprehended trying to irregularly cross the border into Hungary, were sanctioned only with a fine.[63] The situation changed in 2018 when the Regional Court of Chișineu-Criș 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.[64]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 Timișoara there were no such cases in 2022. The same was echoed by the stakeholders interviewed from Şomcuta Mare, Galaţi, Rădăuţi, Timișoara, Bucharest.

 

 

 

[1] Border Police, ‘Doisprezece migranţi din India şi Pakistan, sprijiniţi de un cetățean român, depistați la granița cu Serbia, 14 February 2022, available in Romanian at : https://bit.ly/3mO4PR3; Doisprezece cetățeni din Afganistan și Pakistan, depistaţi de poliţiştii de frontieră timișeni, 23 Aprilie 2022: https://bit.ly/3TgX8yV;  Cetățean sârb cercetat în stare de arest preventiv pentru trafic de migranți, 25 November 2022: https://bit.ly/3Tjnnok

[2]  Cetățean libian, depistat ascuns într-un autocamion la PTF Giurgiu’, 26 January 2022, available in Romanian at: https://bit.ly/3LpkjFB; ‘Doi cetățeni străini depistați ascunși în cabina unui autocamion, sub o saltea’, 19 January 2022: https://bit.ly/405BUX5; Un migrant în stare de hipotermie, ascuns pe șasiul unui autocamion, salvat de polițiștii de frontieră doljeni, 14 February 2022: https://bit.ly/3LkzvDP; Patru cetățeni afgani ascunși printre covoare, depistați de polițiștii de frontieră doljeni, 26 March 2022: https://bit.ly/3FnEyzm; Trei cetăţeni afgani, ascunşi într-un TIR încărcat cu piese auto 09 March 2022: https://bit.ly/3YP5kHO; Cinci cetățeni străini ascunși printre conserve și sucuri, descoperiți în P.T.F. Giurgiu, 06 June 2022: https://bit.ly/3Te5YxD; Șoferul unei autoutilitare arestat preventiv pentru trafic de migranți, 04 June 2022: https://bit.ly/3yLxusB; Doi cetățeni sirieni depistați ascunşi în podeaua unui autoturism la PTF Calafat, 08 August 2022: https://bit.ly/3JmJIgi; Șoferul unei autoutilitare cercetat în stare de arest preventiv pentru trafic de migranți, 19 September 2022: https://bit.ly/3ldDXJQ; Opt cetățeni sirieni, ajutați de doi cetățeni români, descoperiți de polițiștii de frontieră giurgiuveni în timp ce încercau să treacă ilegal frontier, 26 November 2022: https://bit.ly/3YPdvUJ.

[3] Border Police, Depistaţi din elicopter când au trecut ilegal frontiera, 21 April 2022, available in Romanian at: https://bit.ly/3LoLzUo.

[4] Border Police, Ambarcaţiune cu migranţi interceptată de poliţiştii de frontieră români, în apropierea ţărmului românesc al Mării Negre  19 August 2022: https://bit.ly/3FtIcI7; Misiune de salvare a vieţii omeneşti pe mare a unor migranţi depistaţi într-o ambarcaţiune din apele teritoriale româneşti la Marea Neagră, 02 June 2022: https://bit.ly/3TeKQas; 27 de migranți ajutați de două călăuze, cu o ambarcaţiune turcească, descoperiți de polițiștii de frontieră din cadrul Gărzii de Coastă, 17 May 2022: https://bit.ly/3mRMrH1

[5] Border Police press releases.

[6] Information provided by Border Police, 6 April 2023.

[7] Information provided by Border Police, 3 March 2021.

[8] Information provided by CNRR, 7 February 2023.

[9] Border Police, Summary of Border Police activities carried out in 2022, 23 February 2023, available in Romanian at: https://bit.ly/3JFZYKE

[10] Information provided by Border Police, 2 March 2022.

[11] Information provided by Border Police, 3 March 2021.

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

[13] Border Police, Summary of the Border Police activities carried out in 2022, 23 February 2023, available in Romanian at: https://bit.ly/3JFZYKE

[14] Information provided by Border Police, 6 April 2023.

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

[16] Ibid.

[17] Court of Appeal Timișoara, 2270/115/2018, 28.01.2019.

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

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

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

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

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

[23]  Information provided by IGI-DAI, 16 February 2021.

[24] Information provided by IGI-DAI, 11 March 2022.

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

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

[27] Ibid.

[28] Information provided by Border Police, 13 March 2021.

[29] Information provided by Border Police, 02 March 2022

[30] Border Police, Summary of Border Police activities carried out in 2022, 23 February 2023, available in Romanian at: https://bit.ly/3JFZYKE.

[31] UNHCR, Country Reports Serbia, available at: https://bit.ly/3XjgWCA.

[32] Information provided by CNRR, 7 February 2023.

[33] Information provided by CNRR, 7 February 2023.

[34] The Border Violence Monitoring Network, Illegal Pushbacks and Border Violence Reports, October 2022, available in English at: https://bit.ly/3lIDqjt

[35] Article 35^1 Asylum Act.

[36] Information provided by Border Police, 2 March 2022.

[37] DOPOMOHA (means help in Ukrainian) is a web support and information platform for migrants fleeing the war in Ukraine. It is a project created by Code for Romania in partnership with the Department for Emergency Situations (DSU), The UN Refugee Agency, International Organization for Migration (OIM) and the National Romanian Council for Refugees (CNRR), more information is available on the website: https://bit.ly/3IiRatl.

[38] Information provided by CNRR, 7 February 2023.

[39] Information provided by Border Police, 6 April 2023.

[40] Information provided by CNRR, 7 February 2023.

[41] Ibid.

[42] Information provided by Border Police, 3 March 2021.

[43] Information provided by Border Police, 2 March 2022.

[44] Information provided by Border Police, 6 April 2023.

[45] Information provided by Border Police, 6 April 2023.

[46] Article 8(4) Aliens Act.

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

[48] Act 554/2004 on Administrative Litigation.

[49] Articles 6-18 Acton Administrative Litigation.

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

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

[52] Article 14 Act on Administrative Litigation.

[53] Article 15 Act on Administrative Litigation.

[54] Article 9(1) Aliens Act.

[55] Article 9(2) Aliens Act.

[56] Article 9(3) Aliens Act.

[57] Article 9(5) Aliens Act.

[58] Article 9(6) Aliens Act.

[59] Article 9(7) Aliens Act.

[60] Article 9(8) Aliens Act.

[61] Article 11 Asylum Act.

[62] Article 262(1) Criminal Code.

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

[64] 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 previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation