Provision of information on the procedure

Romania

Country Report: Provision of information on the procedure Last updated: 30/04/21

Author

Felicia Nica with support from JRS Romania Visit Website

Provision of information on the procedure

 

The Asylum Act provides that the asylum seeker has the right to be informed, at the time of submission of the asylum application or later, within 15 days from the filing of the application, in a language which he or she understands or is reasonably supposed to understand, regarding the procedure, his or her rights and obligations during the asylum procedure, the consequences of non-compliance with these obligations and the lack of cooperation with the competent authorities, as well as the consequences of an explicit or implicit withdrawal of the asylum application.[1]

Competent officials are also obliged to inform asylum seekers about how they can contact non-governmental organisations and UNHCR, and how to obtain legal assistance and representation.[2]

The information has to be provided in writing by the official responsible for receiving the asylum application, according to a template established by order of the Director-General of IGI.[3] Where necessary for the proper understanding of the information, this may also be communicated orally at the preliminary interview.[4]

In practice, the modalities of information in the different Regional Centres are as follows:

Timișoara: IGI-DAI provides information when the asylum application is filed and when the asylum seekers are fingerprinted and photographed. Unfortunately, there is no interpreter at this stage and, if the asylum seeker does not speak English, the whole interaction is limited to sign language and direction on where to sign different documents drafted in Romanian. The director of the Regional Centre stated that the information is provided in writing in Romanian and in writing when the asylum application is registered and in their language through the leaflets. IGI-DAI has leaflets in 10 languages and posters are displayed in the building where they are accommodated. The director also mentioned that there is no interpreter at this stage as there is no need for it because they receive the leaflet in their language.

 

According to the director of Timișoara Regional Centre for quarantined asylum seekers the information is provided by the Border Police on the basis of a protocol between Border Police and IGI, OMAI 130/2019. This order is establishing the tasks of the authorities responsible for implementing the data in the Eurodac system and to establish the practical methodology of cooperation for the application of the relevant European regulation. Thus this order is not prescribing the obligation of the Border Police to inform the asylum seekers about their rights and obligations during the asylum procedure while they are in quarantine.

According to JRS representative during the state of emergency collective information sessions were held in the courtyard twice a week. Information regarding COVID-19, prevention measures, cleaning schedule and shopping schedule, rights and obligations were provided. The information session was held by the doctor, psychologist, integration officers and NGOs, also an interpreter of Arabic and Kurdish were present. All the participants had masks, which were provided by UNHCR.

 

During the state of alert these information sessions are not held anymore. Once a week, IGI-DAI is informing the residents about their obligation to clean their rooms and common spaces.

 

On the other hand, twice a week or every time is necessary NGOs are organizing information session in open-air or ventilated spaces. Individual information provision is taking place in rooms with open windows.

With regard to children, the JRS representative reported that she has not seen any difference in interactions with IGI-DAI compared to adults. The director stated that children receive the same leaflets as the adult asylum seekers. Still the same in 2020.

CNRR also distributes leaflets on the asylum procedure, including rights and obligations. It also developed leaflets on the specially designed closed spaces of the centre (see Place of Detention).

Şomcuta Mare: information sessions are held by the director of the regional centre when asylum seekers are transferred from Timișoara, with the help of an interpreter, according to the JRS representative. Subsequently, collective information meetings are held by the NGO representatives. 2020 was a challenging year due to the influx of asylum seekers. Unaccompanied children are counselled in the same manner as the adults.

Rădăuţi: No collective information sessions were held in 2020. As for the leaflets received by the asylum seekers, some asylum seekers presented 2 leaflets with the house rules (ROI) in Romanian. In the previous years, once asylum seekers arrive at the centre, they received leaflets on their rights and obligations together with the house rules (ROI). This was the case for a period, but not anymore. The rules of the centre are published in the hallways. In their files there are signed papers, proving that the asylum seekers received written information on their rights and obligations. Subsequently, the information about asylum seekers’ rights and obligations and the procedure is provided by the NGOs individually or during a group counselling session, as the case may be.

Galaţi: Information is provided mainly on the house rules (ROI). IGI-DAI was providing the information in English, but there were asylum seekers who could not understand or needed the assistance of an interpreter. There were also cases where an interpreter was not present. Usually, NGO representatives are participating to these information meetings. They present each NGO and the services provided and short information about the Dublin procedure, interviews and ROI.

Bucharest: in 2020 asylum seekers received written information in Romanian about their rights and obligations and further explanations in English from the officers at the access point of the regional centre. Collective information sessions were held in case of transfers from Timișoara, with the assistance of a mediator working from an NGO, who speaks Arabic. Whenever asylum seekers have other questions they are contacting the integration officer or the NGO representatives. In 2019 as it was in 2017, in the Regional Centre Stolnicu, the JRS representative reported that the obligation of IGI-DAI to inform the asylum seekers is not respected in practice, as asylum seekers state that the information they receive is minimal and not necessarily related to the procedure. Due to an explicit lack of interpreters, IGI-DAI cannot provide information to each beneficiary, especially when asylum seekers speak different dialects. Therefore the information provided after lodging an asylum application is limited to: the obligation on the individual to present him or herself at the interview or to extend their visa, the fact that he or she will be accommodated in the Bucharest Regional Centre or that he or she must go through the medical check-up, which often does not take place. Whenever this information is provided, it is given orally and often with the help of other asylum seekers present in the centre who are available to help out or with interpreters who are there for the interview and have free time.

JRS Romania developed a platform on the asylum procedure in Romania, with general and specific information on seeking asylum in Romania, the different procedures (e.g. Dublin, border procedure, etc.) and information for minors. The platform is available in several languages: English, French, Arabic, Pashtu and Kurdish. In 2020 information will be added in Turkish, Farsi and Somali.[5] Practitioners mainly use the platform, but it might also be helpful for literate asylum seekers.

IGI-DAI previously had leaflets, which were prepared by UNHCR or CNRR. However, these have not been distributed for more than two years. There are also posters with rights and obligations related to the asylum procedure, translated into several languages, but in most of the cases asylum seekers did not seem to read them.

NGOs provide information through counselling sessions, posters and sometimes leaflets. However, due to the fact that the asylum seekers in most of the cases are not reading the leaflets, NGOs are focusing on individual or group counselling.

Giurgiu: According to the legal counsellor, during the sessions in which she participated, asylum seekers receive leaflets on their rights and obligations in English or Arabic after going through medical check-up. During the preliminary interview, asylum seekers are offered general information regarding the asylum procedure, including their rights and obligations. According to the legal counsellor, JRS brought a monitor that plays the rights and obligations in different languages; this is placed in the hallway. JRS, ICAR Foundation and AIDRom representatives organise collective information sessions when a new group of asylum seekers arrives in the centre and a few times integration officers or logistics personnel attended these meetings. This was still the case in 2020.

The majority of respondents pointed out that the written information they receive from IGI-DAI or NGOs is not very effective as most asylum seekers are illiterate or have difficulty reading through information which is lengthy, complex and, consequently, difficult to comprehend. Thus, asylum seekers prefer face-to-face counseling with an NGO representative in order to understand the steps of the asylum procedure. The information leaflets are not adapted to the asylum seekers’ level of education or knowledge. Usually the leaflets reiterate the provisions of the Asylum Act.

In practice, respondents reported that there is no specifically tailored information provided to unaccompanied asylum-seeking children. In most of the cases they are informed in the same way as adults, while they are also informed that they will have a legal representative. In general, unaccompanied children do not understand what this means. UNHCR also stated that there is a lack of accessible and adequate information materials for asylum-seeking children. The JRS representative confirmed that this problem persists as of 2018.

Information on the Dublin procedure

IGI-DAI has the obligation to inform the asylum seeker of the content of the common leaflet drawn up by the European Commission.[6] The competent officer of IGI-DAI communicates the information contained in the common leaflet, drawn up according to Article 4(3) of the Dublin Regulation.[7] If the applicant is an unaccompanied minor, the designated officer shall provide him or her, in a manner appropriate to his or her level of understanding, with the information contained in the special information leaflet drawn up by the European Commission, supplemented with additional specific information for Romania.

Bucharest: The information provided on the Dublin Procedure is basic, as IGI-DAI lacks staff, time and interpreters. The information is provided by the integration officer. In 2020, asylum seekers received more detailed information about the Dublin procedure from NGOs. The JRS representative was not aware if the special information leaflet was provided to asylum seekers. According to the director of Stolnicu Regional Centre asylum seekers receive leaflets.

Giurgiu: Asylum seekers receive the common leaflet at the preliminary interview and, if they have questions regarding the Dublin procedure, the officer answers them. They are briefly informed on the way the responsible Member State is determined and are told that they have to wait for a period of 1-3 months for a final answer. However, asylum seekers request more information about this procedure from NGOs.

Şomcuta Mare: Asylum seekers are informed at the beginning of the asylum procedure about the Dublin procedure, what it entails. Generally, information is provided when a specific issue arises. Information is provided orally as the legal counsellor did not receive any written documents from the asylum seekers. Asylum seekers are informed about the Member State to which a request was sent. In 2020 there were no cases.

Rădăuţi: Asylum seekers receive the common leaflet and an information note in stating that the Dublin procedure was triggered and the Member State to which a request was sent. According to JRS representative information on the Dublin procedure is mainly provided by the NGOs.

Galaţi: The JRS representative reported that the majority of the asylum seekers are well informed about the Dublin procedure. General information is provided during the collective information sessions. When the asylum procedure is suspended they receive the common leaflet. Asylum seekers subject to the Dublin procedure are provided with the common brochure. In addition, information about the Dublin procedure is also provided by the NGOs. Where family unity criteria are applicable, asylum seekers are informed by IGI-DAI of the documents they have to present. If they require more information, they are referred to NGOs. Unaccompanied children are informed in the same manner as the adults.

In practice, asylum seekers in most of the Regional Centres are informed orally and in writing of the fact that the Dublin procedure has started, and they are handed the common leaflet. The information is provided with the help of an interpreter in all the centres. In Bucharest asylum seekers are informed about the country to which a Dublin request was addressed in this regard. The JRS representative in Bucharest stated that for this kind of procedure IGI-DAI usually use an interpreter from the NGOs.

In Timișoara, upon their arrival, when they are fingerprinted asylum seekers receive leaflets, according to the director of the centre. If after checking the fingerprints in Eurodac, IGI-DAI finds a match with the data introduced by another Member State, the asylum seeker is informed orally that he or she is subject to the Dublin procedure. IGI-DAI mentions which country has been contacted. They also receive leaflets, which according to the Director of the centre often end up in the bin. They are also informed by the NGOs and receive leaflets from CNRR. As regards the unaccompanied children IGI-DAI always takes the responsibility to assess their asylum claim, according to the director of the Regional Centre Timișoara. For minors there is no special information leaflet, the director said.

In Şomcuta Mare, asylum seekers are also informed orally of the beginning of the Dublin procedure and the State contacted. In Rădăuţi, during the preliminary interview IGI-DAI informs asylum seekers in writing that they are subject to the Dublin procedure, provides them the common leaflet, and specifies the Member State which has been contacted, with the assistance of an interpreter. In Giurgiu, they are also informed orally of the fact that a Dublin procedure has been initiated, while the authorities also mention the country contacted. In Galaţi, however, asylum seekers are informed orally and in writing about the time frame of the procedure, the possibility to appeal the decision and about the country what has been contacted.

If the applicant is an unaccompanied child, the appointed official shall apprise him or her, in a manner appropriate to his or her level of understanding, of the information contained in the special information brochure drawn up by the European Commission according to Article 4(3) of the Dublin Regulation, supplemented with additional specific information for Romania. The legal representative of the unaccompanied child confirms by signature that the information has been provided.[8]

Şomcuta Mare: The JRS representative reported the case of 1 unaccompanied 5-year-old child. The JRS representative was not aware if he was informed about the Dublin procedure or how was he informed.

In Galaţi, in one of the most recent case, IGI-DAI, the JRS representative and legal representative were all present when the information about the Dublin procedure was provided to an unaccompanied child. The child was informed about the necessary documents. The JRS legal counsellor also discussed in advance with the legal representative. The legal representative also explained to the child what the Dublin procedure entails and what documents he or she has to present to the authorities.

Rădăuţi: The information is provided in the presence of the legal representative, because he has to sign the notification. The legal representative does not explain to the child what the procedure entails. The case officer explains some of the aspects of the procedure with the help of an interpreter. The legal representative is only present when this information is provided, without giving any other information. Subsequently, the unaccompanied minor turns to the legal counsellor for further information. At the preliminary interview, the unaccompanied children are informed about the fact that they will be transferred to the responsible Member State. No unaccompanied minors under the Dublin procedure were reported in 2020.

Save the Children mentioned that information on the Dublin Regulation is mainly provided to children by the NGOs in the Regional Centres.

 

 

 

[1]          Article 17(1)(f) Asylum Act.

[2]          Article 2(2) Asylum Decree.

[3]          Article 2(1) Asylum Decree.

[4]          Ibid.

[5]          Asylum Procedure Platform, available at: https://bit.ly/3d2dZQK.

[6]          Article 118 Asylum Act.

[7]          Article 118(1) Asylum Act.

[8]          Article 118(2) Asylum Act.

 

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the first report
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation