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 applicants 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. In 2024 there was a gap in AMIF funding, so ICAR interventions were limited.[5] In 2025, ICAR’s activity resumed.
CNRR stated that, based on their experience in 2024, most asylum applicants did not report concerns about the proper consideration of special procedural guarantees. However, there were instances where some asylum applicants claimed they were not identified as vulnerable persons (such as LGBTQ+ individuals or victims of torture) in a timely manner.[6] From the practice encountered in 2025, the majority of the asylum applicants assisted by CNRR reported that their special procedural guarantees needs had been addressed. However, there were some cases in which the asylum applicants stated that they were not asked if they want to be assisted during the interview (by a lawyer, a legal counsellor or a UNHCR representative) or that they were not timely identified as vulnerable persons (LGBTQ+, victims of torture).[7]
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.[8] 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.[9]
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. No such cases were reported since 2023.
[1] Article 5^1(5) Asylum Act.
[2] ibid. Article 5^1(6). 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] ibid. Article 46.
[4] Information provided by IGI-DAI, 18 January 2024.
[5] Information provided by JRS Romania June 2025.
[6] Information provided by CNRR February 2025.
[7] ibid., 03 February 2026.
[8] Articles 75(2) and 84 Asylum Act.
[9] Information provided by IGI-DAI, 14 February 2018.