Author
If the case officer considers that the family relationship or, as the case may be, the conclusion of the marriage before entering Romania, has been proved by the beneficiary international protection, they will request the diplomatic missions or consular offices of Romania to grant the short stay visa for the family members holding valid travel documents.[1]
For the family members who do not hold valid travel documents or are unable to obtain them and they are outside the country of origin, at the request of the case officer, the diplomatic missions or consular offices of Romania shall issue laissez passer and shall grant a short stay visa in order to enter the country. The validity of the travel document shall be no more than 30 days and ceases on the date of entry of the holder into the territory of Romania.[2]
After their entry into Romania, if they consent to the asylum application, family members will have their application assessed according to the provisions of the Asylum Act.[3] In practice, the family members are registered as asylum seekers, they are fingerprinted and photographed, granted temporary identity documents and follow the steps of the asylum procedure. They are scheduled for an interview and receive a decision. In all reported cases, family members were granted the same form of protection as the sponsor. IOM Romania also stated that family members are granted the same form of protection as the beneficiary that applied for family reunification.[4]
Galaţi: The family members in 2022 were granted the same form of protection as the sponsor, according to the director. The asylum procedure in their case is the same as for the other asylum seekers, there is no differential treatment. The family members in 2023 were granted the same form of protection as the sponsor, according to the JRS legal representative.[5]
Şomcuta Mare: The family members received in 2022 the same form of protection as the sponsor. The asylum procedure in their case is carried out swiftly by IGI-DAI. The same was reported by the ASSOC representative. The same was reported in Rădăuţi, Timișoara, and Bucharest.
In case of Şomcuta Mare, according to JRS, there was reportedly one case when the wife and 4 children received the same form of protection as the sponsor (refugee status), while sponsor’s mother received subsidiary protection.[6]
If the conditions for family reunification set out in Article 30 of the Asylum Decree are not fulfilled, the case officer shall issue a decision to reject the asylum application of the family members. The rejection of the application cannot be solely based on the lack of documentation certifying family ties or marriage.[7] The decision shall be communicated to the sponsor beneficiary of protection who submitted the asylum application for the family members.[8]
[1] Article 71(3) Asylum Act.
[2] Article 71(3^1) Asylum Act.
[3] Article 71(4) Asylum Act.
[4] Information provided by IOM Romania, 18 November 2019.
[5] Practice based observation by JRS Romania, April 2024.
[6] Practice based observation by JRS Romania, April 2024.
[7] Article 31(2) Asylum Decree.
[8] Article 31(3) Asylum Decree.