Author
European Commission pilot project
The European Commission, given Romania’s relatively low number of asylum applications in 2022 and the fact that many of those received could be handled under an accelerated procedure, considered Romania a good country to test “innovate practices”, as a direct follow-up to the EU Action Plan on the Western Balkans. Thus, the following measures/actions were proposed as part of a 6 month a pilot project launched in March 2023 as innovative practices related to accelerated procedure:[1]
- fast processing of applications where the grounds foreseen for the accelerated procedure by national legislation – applicants coming from safe countries of origin, applicants posing a threat to the public security and applications likely to be unfounded since many of the applicants come from countries with low protection approval rates – are applicable by testing the use of the accelerated procedure “in an enhanced manner”.
- The pilot should also serve to identify “best practices to promote an effective use of the accelerated procedure”, while respecting all applicable guarantees, including for vulnerable applicants. This objective particularly focuses on good practices re. the initial screening and verifications made upon apprehension to identify cases that can be processed in an accelerated procedure.
- The pilot makes an explicit link with the EUAA support operation in Romania, and particularly highlights “targeted assistance to enhance processing capacity at the reception centre in Timisoara, where applicants undergoing the accelerated procedure following irregular crossing of the border from Serbia will be transferred to for the duration of the asylum procedure”. The pilot also mentions exploring possibility for cooperation and support from the EUAA regarding transportation from the border to the reception centre.
The pilot also included measures to streamline return, including with the enhancement of voluntary returns, and border management measures (see Access to the territory – The European Commission pilot with Romania and cooperation with Frontex).
In October, at the end of the 6-month pilot, the European Commission reported[2] “solid results” and “best practices identified”. Firstly, it considered that Romania testing the “enhanced” accelerated procedure allowed for “swift processing of claims”, and “led to good practices for fast identification of eligible cases for the use of the accelerated procedure” and their rapid transfer to other regional centres on the territory for swift processing, all of which prevented overburdening of regional centres both for processing and reception, a fair and efficient balance of workload amongst regional centres, and swift in-merits processing.
Out of 5,985 applications during the pilot, 2,493 were rejected under the accelerated procedure. 139 vulnerable applicants were identified (unaccompanied minors, single parent families) out of all rejected asylum applications, whether under the normal or accelerated procedure. The Commission particularly highlighted as good practices the extensive use of Eurodac machines, vulnerability screening based on standard operating procedures, the exemption of vulnerable applicants from the accelerated procedure when adequate support could not be provided in that framework, immediate referral and guardians for unaccompanied minors, constant medical assistance present and the involvement of NGOs to provide free legal assistance, integration and psychological support though every phase of the administrative procedure thanks to AMIF funding.
The Commission also highlighted the strengthened cooperation with the EUAA as, the May 2023 legislation changes also allowed EUAA experts to directly participate in registration and assessment of applications; additional support was given through registration and case experts, and interpreters. The experts were immediately involved in facilitating registrations, and have been involving in preliminary asylum interviews since July 2023.
Given the “positive achievements” according to the Commission, continued cooperation in the framework of the pilot project was decided.[3]
General (scope, grounds for accelerated procedures, time limits)
In 2023, according with IGI-DAI,[4] a total of 3,988 asylum applications were analysed in accelerated procedure.
Under Article 75(1) of the Asylum Act, the grounds for assessing an asylum claim into an accelerated procedure are:
- 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 of Romania;
- Asylum applications of persons coming from a Safe Country of Origin.
An asylum application is considered manifestly unfounded if the applicant:[5]
- Has no well-founded fear of being persecuted or exposure to serious risk in the country of origin as they:
- Have not claimed any fear of persecution or risk of serious harm;
- Have not provided data or information to support a fear of persecution or serious risk, or their statements do not contain circumstantial or personal details;
- Clearly lack credibility, meaning that their statements are incoherent, contradictory or flagrantly inconsistent with the situation in their country of origin;
- Has misled the authorities or has submitted the application in bad faith by:
- Filing an asylum application with a false identity or presenting false or falsified documents as authentic;
- Deliberately submitting false information after the asylum application has been lodged;
- Destroying, damaging or disposing of travel documents or a relevant document for their application, either to establish a false identity for the purpose of seeking and granting refugee status, or to obstruct the assessment of their claim;
- Deliberately concealing previous asylum applications in one or more countries, especially when they used a false identity;
- Making an asylum application for the obvious aim of preventing the enforcement of return, extradition or removal proceedings, after having been given the opportunity to make an asylum application;
- Entering the territory of Romania unlawfully or prolonging their stay unlawfully and, without good reason, not presenting themselves to the authorities, or not lodging the application as soon as possible given the circumstances of their entry.
According to stakeholders in Galaţi, Rădăuţi, Şomcuta Mare and Giurgiu, most of the cases examined in the accelerated procedure are manifestly unfounded asylum applications. In practice, manifestly unfounded asylum applications are predominantly applications made by economic migrants (Şomcuta Mare, Galaţi, Rădăuţi), or applicants who lack credibility (Giurgiu). IGI DAI indicated that this statement remains valid for the year 2023.[6]
The situation was as follows in 2022:
Timișoara: According to the director of the Regional Centre of Timișoara, 914 asylum applications made by nationals of Bangladesh, India, Pakistan were assessed in an accelerated procedure in 2022.
Rădăuţi: 146 asylum applications made were assessed in accelerated procedures. They invoked economic reasons.
Galaţi: 342 cases reported by the director (from Bangladesh, Pakistan, India, Sri Lanka, Vietnam, Tunisia, Egypt) were assessed in an accelerated procedure.
Bucharest: 88 applications were assessed in accelerated procedure. The main nationalities were India, Morocco, Algeria and Sri Lanka.
Giurgiu: According to the director of the centre 526 (compared to 136 in 2021) asylum claims were assessed under the accelerated procedure due to economic reasons being invoked by applicants from Algeria, India, Armenia, Sri Lanka, Morocco, Türkiye, India, Azerbaijan.
Şomcuta Mare: 283 applications were assessed in accelerated procedure.
The responsible authority for taking decisions at first instance on asylum applications in the accelerated procedure is IGI-DAI.
The accelerated procedure may be triggered during the regular procedure at the date when the case officer determines the existence of one of the grounds for applying an accelerated procedure.[7]Article 79 of the Asylum Act provides that after the interview and the assessment of the reasons invoked in support of the asylum application, a decision should be issued within 3 days from the start of the accelerated procedure. Therefore, the trigger for the accelerated procedure may not coincide with the date of the personal interview. However, cases where the accelerated procedure is triggered after the interview are very rare.
IGI-DAI reported that 2,306 applications were assessed under the accelerated procedure in 2022, up from 1,968 in 2021 and more than double compared to 2020 when 885 were reported, up from 315 in 2019, 167 in 2018 and 382 in 2017.[8] The main countries of origin were India, Bangladesh, Pakistan, Morocco and Nepal.
Personal interview
The Asylum Act requires a personal interview of asylum seekers in the accelerated procedure. Article 79 of the Asylum Act clearly states that a decision is made after an interview and after examination of the reasons invoked by the applicant. In practice, the personal interview is always conducted by IGI-DAI.
The same rules as in the Regular Procedure: Personal Interview apply.
Appeal
The law provides for the appeal against a negative decision in the accelerated procedure, which must be submitted within 7 days from the notification of the decision. If the appeal is filed within the deadline, it has automatic suspensive effect.[9]
There were no problems reported in relation to lodging an appeal in the accelerated procedure, as the deadline for submitting an appeal against a negative decision in the accelerated procedure was increased from 2 days to 7 days with the 2015 reform of the Asylum Act.
Legal assistance
The law provides for access to free legal assistance for asylum seekers during the accelerated procedure in the same conditions as the asylum seekers subject to the Regular Procedure: Legal Assistance. However, if asylum seekers are in detention in one of the two detention centres (Arad and Otopeni), there is no permanent access to legal counselling.
According to the information provided by the CNRR[10] for the year 2023, legal advice is ensured, in the detention centres, upon request for asylum seekers. The CNRR counsellor goes to the centre when notified that there are asylum seekers who request legal advice, there is no person present daily for the asylum seekers. Information is communicated in English or the asylum seeker’s mother tongue with the help of available interpreters. In the case of migrants who are in public custody but have not applied for asylum, the CNRR counsellor is present daily for 6 hours/day to ensure legal advice. No further information was provided by the CNRR or other organisations and institutions.
Whereas prior to 2015 the Aliens Ordinance required the release of foreigners from detention as soon as a first application for international protection was lodged, the Aliens Act now prescribes that an asylum seeker is only released when they are granted access to the regular procedure (see Detention of Asylum Seekers and Legal assistance for review of detention).
[1] European Commission, Joint Pilot Project in Romania annex, Ref. Ares(2023)2001138-20/03/2023, March 2023, available here.
[2] European Commission, Reporting on progress made the Pilot Project for fast asylum and return procedures with Romania, October 2023, available here.
[3] European Commission, Reporting on progress made the Pilot Project for fast asylum and return procedures with Romania, October 2023, available here.
[4] Information provided by IGI-DAI, 18 January 2024.
[5] Article 76 Asylum Act.
[6] Information provided by IGI-DAI, 18 January 2024.
[7] Article 78 Asylum Act.
[8] Information provided by IGI-DAI, 14 February 2018, 5 March 2019, 20 February 2020, 16 February 2021, 11 March 2022 and February 2023.
[9] Article 80(1) Asylum Act.
[10] Information provided by CNRR, 16 January 2024.