Author
Adequate support during the interview
Pursuant to Article 5^1(4) of the Asylum Act, in cases where vulnerable persons with special needs are identified, specialised staff of IGI-DAI carry out assessments to identify specific needs and decide on appropriate steps to ensure the rights and guarantees provided by the law during the asylum procedure.
Romanian law provides an important safeguard in respect of procedural guarantees for vulnerable persons: in the administrative phase of the asylum procedure, documents drafted before the identification of special needs will be amended and/or supplemented only where it is necessary to adequately examine the asylum application.[1]
The law also foresees a specific monitoring obligation throughout the entire asylum procedure in line with Article 22(1) of the recast Reception Conditions Directive.[2]
The interview of vulnerable asylum seekers shall be carried out by case officers specialised in this respect, taking into account the special situation of these persons.[3]
In 2023, according to data provided by IGI-DAI,[4] in the case of asylum-seeking vulnerable persons, reports issued by psychologists working for non-governmental organisations (e.g. ICAR Foundation) are accepted.
As of 2022, the situation was the following:
The director of the Regional Centre Timișoara mentioned that they read the psychological report drafted by ICAR Foundation and prepare accordingly for the interview, in the sense that they are more careful during the interview, better prepared and the interpreter is carefully chosen. However, the report of ICAR Foundation has no legal power; it is only the opinion of a psychologist. The decision issued by IGI-DAI mentions that a psychological report was attached to the case file. However, in 2022 no reports were filled.
The director of Giurgiu centre stated that case officers adapt the interview based on age.
In Rădăuţi vulnerable asylum seekers, chiefly unaccompanied minors, are treated the same way as the adults, with no special attention given to these cases during the interviews.
Şomcuta Mare: according to the director special attention was given to vulnerable persons.
Galaţi: it was reported that special attention is given to questions to vulnerable persons, breaks are adapted to the special situation of the asylum seeker.
Exemption from special procedures
According to Article 75(2) of the Asylum Act, applicants in need of special procedural guarantees or with Special Reception Needs maybe subjected to the Accelerated Procedure or the Border Procedure only if they represent a threat to national security or public order, due to their activity or membership to a certain group.[5] In practice, according to IGI-DAI, unaccompanied children or persons in need of special procedural guarantees are not channelled in the accelerated or border procedure.[6]
In 2020, IGI-DAI Şomcuta Mare processed the asylum application of a single parent, a mother and her 6-year-old daughter, under the accelerated procedure, even though they are considered vulnerable persons under the Asylum Act, rejecting the asylum application as manifestly ill-founded. During the interview she was not asked about the reasons why she fled her country of origin together with her daughter. They conclude that she is an economic migrant, even though the applicant did not mention anything related to this. The asylum application was wrongfully assessed in an accelerated procedure, as the applicants were vulnerable persons and according to the Asylum Act vulnerable persons may only be subjected to an accelerated procedure if they represent a threat to national security or public order, due to their activity or membership to a certain group. The decision of IGI-DAI does not mention the applicants as being vulnerable persons.[7]Their appeal was rejected by the regional court.
In 2022, in Rădăuţi a woman who was HIV positive was assessed in an accelerated procedure, she appealed the decision and was also rejected by the court. There were no cases to report on in 2023.
No such cases were reported in the other regional centres.
[1] Article 5^1(5) Asylum Act.
[2] Article 5^1(6) Asylum Act. IGI-DAI monitors the situation of applicants with special needs upon reception and, together with the competent authorities, will ensure that assistance is given throughout the entire asylum procedure.
[3] Article 46 Asylum Act.
[4] Information provided by IGI-DAI, 18 January 2024.
[5] Articles 75(2) and 84 Asylum Act.
[6] Information provided by IGI-DAI, 14 February 2018.
[7] IGI-DAI, Decision no 419955/h/HIA.