Admissibility procedure

Romania

Country Report: Admissibility procedure Last updated: 30/11/20

Author

JRS Romania Visit Website

 

 

General (scope, criteria, time limits)

An application is inadmissible where the applicant:

  1. Has been granted international protection by another Member State;[1]
  2. Comes from a First Country of Asylum;[2]
  3. Comes from a European safe third country which has agreed to his or her readmission;[3]
  4. Comes from a Safe Third Country;[4]
  5. Makes a subsequent application without new elements.[5]

The grounds relating to international protection granted by another Member State and safe country concepts were introduced in 2015.

 

According to IGI-DAI, Romania has no list of safe country of origin, European safe third country or safe third country.[6]

 

The law does not mention any specific time limits for taking a decision on the admissibility of the application.

 

In Rădăuţi an inadmissibility decision was issued on the basis of the “first country of asylum”. The asylum seeker was granted a form of protection in Germany. He arrived in Romania in January and in March he was already transferred to Germany.

 

According to IGI-DAI, in 2019, 3 applications (2 from Germany and 1 from the Netherlands) were dismissed as inadmissible because the applicant came from a First Country of Asylum.[7]

 

Personal interview

 

Pursuant to Article 97^1 of the Asylum Act, the applicant is given the opportunity to present, in an interview, his or her personal situation in order to determine whether the safe country concepts are applicable. The responsible authority is IGI-DAI. The law does not prescribe specific requirements for the interview as part of the admissibility assessment.

 

An inadmissibility decision on first country of asylum, European safe third country or safe third country is issued without a substantive examination of the applicant's request and shall be communicated under the general provisions of the law.[8] After communicating the decision, IGI-DAI informs the authorities of the European safe third country or, as the case may be, of the safe third country, in the language of that country, that the applicant's application has not been assessed on the merits.[9]

 

In case the conditions provided by the law are not fulfilled, IGI-DAI grants access to the asylum procedure on the basis of a reasoned decision and examines the asylum application on the merits.

 

Appeal

 

The appeal in case of the first country of asylum, European safe third country and safe third country is the same as in the Accelerated Procedure.[10] The deadline for submitting the appeal is 7 days from the notification of the decision. The appeal has suspensive effect if it is filed within the deadline.

 

There were no reported cases of appeals against first country of asylum, European safe third country and safe third country decisions in 2019.

 

Legal assistance

 

The rules and practice applicable in the Regular Procedure: Legal Assistance apply



[1]Article 50^1 Asylum Act.

[2]Article 95 Asylum Act.

[3]Article 96 Asylum Act.

[4]Article 97 Asylum Act.

[5]Article 91(b) Asylum Act, in conjunction with Article 88(2)(a)-(b).

[6]Information provided by IGI-DAI, 20 February 2020.

[7]Information provided by IGI-DAI, 20 February 2020.

[8]Article 97^1(2) Asylum Act.

[9]Article 97^1(4) Asylum Act.

[10]Article 97^1(3) 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