Author
Application
Access to the asylum procedure is ensured to any foreign national or stateless person who is on Romanian territory or at the border, from the time the person manifests their intention to request protection from the Romanian state, in writing or orally.[1] An asylum application may be made at the border or on the territory.
Apart from IGI-DAI, there are also other authorities competent to receive asylum applications such as the Border Police operating offices, police units including pre-trial detention and detention centres, structures of the National Administration of Penitentiaries within the Ministry of Justice.[2] IGI-DAI has to register the asylum application within a maximum of 3 working days if the application was made with the IGI,[3] or within a maximum of 6 working days if the application was made with another competent authority. In case of a mass influx of applications for international protection filed with any of the latter competent authorities, the registration can be made within 10 working days from the date when the application was filed.[4]
First instance procedure
The first instance is an administrative procedure carried out by IGI-DAI. Asylum seekers are photographed, fingerprinted and issued with a temporary identity document,[5] which includes a personal numeric code.[6] The temporary identity document is extended periodically. After the asylum application is registered, a preliminary interview takes place for the purposes of determining the applicant’s personal data, information on family members, relatives or any other persons of interest, the route from the country of origin to Romania, possible previous asylum procedures in another Member State or in a third country, as well as identity or travel documents in their possession.[7] If there are indications of another Member State’s responsibility for assessing the asylum claim, the Dublin procedure is triggered, while the asylum procedure in Romania is suspended.
After the preliminary interview, a case officer of IGI-DAI conducts the personal interview. The law foresees a 30-day deadline to issue a decision, starting from the moment when the file is handed over to the case officer.[8] In the event of a negative decision, the applicant may appeal with suspensive effect to the Regional Court within 10 days since the communication of the decision.[9] Since May 2023, a return decision is issued together with the negative administrative decision in the asylum procedure. If the person wants to file a complaint against the rejection decision, they must also request the suspension of the return decision. In this sense, an appeal is filed against the return decision, the jurisdiction being the Court of Appeals within the territorial scope of the Regional Reception Centre that issued the decision, a different court than the one dealing with the asylum appeal against negative decision. JRS Romania and CNRR have highlighted how this is not in accordance with EU requirements.
Accelerated procedure
In 2023, according with IGI-DAI,[10] a total of 3,988 asylum applications were analysed in accelerated procedure.
The Asylum Act provides for an accelerated procedure for manifestly unfounded applications, asylum applications of persons who, through their activity or membership of a particular group, pose a threat to national security or public order in Romania and asylum applications of persons coming from a safe country of origin.[11] The accelerated procedure may be triggered during the regular procedure if the case officer determines the existence of one of the grounds for applying an accelerated procedure.[12] A decision is issued within 3 days from the start of the accelerated procedure.[13] A negative decision in the accelerated procedure may be appealed within 7 days from the notification of the decision. If the appeal is filed within the deadline, it has automatic suspensive effect.[14] The decision of the court is irrevocable.[15]
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).
Border procedure
The border procedure concerns asylum and subsequent applications submitted at a border-crossing point. The law provides a 3-day deadline to issue a decision in case of the border procedure.[16] As in the accelerated procedure, a negative decision may be appealed within 7 days from the notification. The decision of the court is irrevocable.[17]
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.
[1] Article 4 Asylum Act.
[2] Article 36^1(2) Asylum Act, citing Article 35 Asylum Act.
[3] Article 36^1(1) Asylum Act.
[4] Article 36^1(3) Asylum Act, citing Article 35 Asylum Act.
[5] 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.
[6] Article 17(1^1) Asylum Act.
[7] Article 43(1) Asylum Act.
[8] Article 52(1) Asylum Act.
[9] Article 55(1) Asylum Act.
[10] Information provided by IGI-DAI, 18 January 2024.
[11] Article 75(1) Asylum Act.
[12] Article 78 Asylum Act.
[13] Article 79 Asylum Act.
[14] Article 80(1) Asylum Act.
[15] Article 81(2) Asylum Act.
[16] Article 82 Asylum Act.
[17] Article 86(2) Asylum Act.