Author
Application
Access to the asylum procedure is guaranteed to any foreign national or stateless person who is either on Romanian territory or at the border, from the moment they express their intention to request protection from the Romanian state, whether in writing or orally. An asylum application can be submitted at the border or within the country.[1]
In addition to IGI-DAI, several other authorities are authorized to receive asylum applications. These include Border Police offices, police units (including those in pre-trial detention and detention centres), and structures of the National Administration of Penitentiaries under the Ministry of Justice.[2] The IGI-DAI must register an asylum application within a maximum of 3 working days if the application is submitted directly to them.[3] If the application is made to another competent authority, it must be registered within a maximum of 6 working days.[4] In cases of a mass influx of applications for international protection submitted to any of these authorities, the registration period may extend to 10 working days from the date the application is filed.[5]
First instance procedure
The first instance procedure is carried out by IGI-DAI, with support from the EUAA starting from May 2023. This phase involves an administrative procedure where asylum seekers are photographed, fingerprinted, and issued a temporary identity document[6] that includes a personal numeric code.[7] This temporary identity document is subject to periodic renewal.
Upon the registration of the asylum application, a preliminary interview is conducted to collect essential information regarding the applicant’s personal details, as well as information about family members, relatives, or other relevant individuals. The interview also seeks to ascertain the applicant’s journey from their country of origin to Romania, any prior asylum applications made in other Member States or third countries, and any identity or travel documents that the applicant possesses.[8] Should there be evidence indicating that another Member State holds responsibility for assessing the asylum claim, the Dublin Regulation procedure is activated, resulting in the suspension of the asylum process in Romania.
Subsequently, a case officer from IGI-DAI conducts a personal interview with the applicant. According to the law, a decision must be issued within 30 days following the assignment of the case file to the designated case officer.[9] In the event of a negative decision, the applicant is entitled to appeal to the Regional Court within 10 days of receiving the decision, with the appeal being effective in suspending any action until a resolution is reached.[10] Since May 2023, Romania has implemented legislative changes, based on which return decisions be issued simultaneously with negative asylum decisions.[11] This means that individuals whose asylum applications are rejected also receive a return decision, obliging them to leave Romania.[12] If they wish to challenge the rejection, they must also request the suspension of the return decision. Notably, appeals against return decisions are filed with the Court of Appeals within the jurisdiction of the Regional Reception Centre that issued the decision, differing from the courts handling asylum appeal cases. For details see Return procedure.
Accelerated procedure
The Asylum Act establishes an accelerated procedure for handling manifestly unfounded asylum applications. This includes applications from individuals who, due to their activities or affiliation with a specific group, pose a threat to national security or public order in Romania, as well as applications from individuals arriving from safe countries of origin.[13] The accelerated procedure can be initiated during the regular process if the case officer identifies sufficient grounds for it.[14] A decision must be made within 3 days from the start of the accelerated procedure.[15] If a negative decision is issued in the accelerated procedure, it can be appealed within 7 days of receiving the decision. If the appeal is submitted within this timeframe, it automatically suspends the decision.[16] The court’s ruling on the appeal is considered final and cannot be contested.[17]
In 2023, Romania participated in a European Commission pilot project aimed at fast-tracking asylum and return procedures. This initiative led to an enhanced application of the accelerated procedure, with a focus on swiftly identifying both eligible cases and applicants with vulnerabilities. Notably, vulnerable individuals were exempted from the accelerated process and referred for appropriate support.[18]
The accelerated procedure received renewed interest in Romania through the pilot initiated re. crossings at the Serbian-Romanian border (see The European Commission pilot with Romania and cooperation with Frontex and Accelerated procedure). The pilot project ended in October 2023, showing positive outcomes and identifying best practices. As a result, Romania and the European Commission decided to extend and broaden this collaboration into 2024, further improving the expedited asylum procedures and border management methods.[19]
According to IGI-DAI,[20] in 2024 a total of 556 asylum applications were analysed in an accelerated procedure.
| Accelerated Asylum Procedure Data | ||
| No. | Country of origin | Asylum Requests Processed Under Accelerated Procedure (first five countries of origin) |
| 1 | Nepal | 173 |
| 2 | Bangladesh | 94 |
| 3 | Pakistan | 46 |
| 4 | Ethiopia | 40 |
| 5 | Sri-Lanka | 38 |
According to The Romanian National Council for Refugees (CNRR), in several cases, the applicant understands their case has been channelled in an accelerated procedure only after receiving a negative decision.[21]
Border procedure
The border procedure applies to asylum and subsequent applications submitted at a border-crossing point. The law stipulates a 3-day deadline for issuing a decision regarding the border procedure.[22] Similar to the accelerated procedure, if a negative decision is made, it can be appealed within 7 days from the date of notification. The court’s decision in this case is final and cannot be overturned.[23]
Appeal
The second phase of the asylum procedure consists of a two-instance judicial review procedure. The Regional Court has jurisdiction as first-instance judicial review. The County Tribunal, Administrative Litigation Section (Administrative County Court), has jurisdiction over the area of the Regional Court whose decision is appealed. These courts are not specialised in asylum.[24]
[1] Article 4 Asylum Act.
[2] ibid. Article 36^1(2) citing Article 35.
[3] Article 36^1(1) Asylum Act.
[4] ibid.
[5] ibid., citing Article 35 Asylum Act.
[6] Article 17(1)(h) Asylum Act. Such a document is not issued to applicants: (i) who have applied for asylum at a border crossing point, as long as they have not been granted access to the territory by a decision of IGI-DAI; (ii) detained in public custody for reasons of national security and public order requesting asylum, as long as this measure is maintained; and (iii) who are taken into public custody due to a “significant risk of absconding” in a Dublin procedure.
[7] Article 17(1^1) Asylum Act.
[8] ibid Article 43(1).
[9] ibid Article 52(1).
[10] ibid Article 55(1).
[11] EMERGENCY ORDINANCE No. 35 of May 17, 2023 for the amendment and completion of certain normative acts regarding the field of foreigners and asylum in Romania, available here.
[12] Art. 70 Asylum Act.
[13] ibid Article 75(1). Note: Romania does not have a list of safe countries of origin. This is related also to diplomatic relations between Romania and third countries. However, Romania considers EU countries to be safe.
[14] Article 78 Asylum Act.
[15] ibid. Article 79.
[16] ibid. Article 80(1).
[17] ibid. Article 81(2).
[18] EUAA, ‘Accelerated Procedures’, Asylum Report 2024, available here.
[19] European Commission, ‘Reporting on the results of the Pilot Project for fast asylum and return procedures with Romania’, 26 June 2024, available here.
[20] Information provided by IGI-DAI, 18 January 2024.
[21] Meeting with NGOs during ECRE fact-finding visit to Romania, 17 March 2025.
[22] Article 82 Asylum Act.
[23] ibid. Article 86(2).
[24] Articles 64 and 67 Asylum Act.