Cessation and review of protection status

Author

JRS Romania

Article 98(1) of the Asylum Act prescribes the grounds for cessation of refugee status as cases where the beneficiary:

• Has voluntarily re-availed themselves of the protection of the country of nationality;
• Having lost their nationality, has voluntarily re-acquired it;
• Has acquired a new nationality and enjoys the protection of the country of their new nationality;
• Has voluntarily re-established themselves in the country which they left or outside which they remained owing for the reasons on the basis of which they were granted refugee status;
• Can no longer, because the circumstances in connection with which they have been recognised as a refugee have ceased to exist, continue to refuse to avail themselves of the protection of the country of nationality or habitual residence and cannot invoke, in order to justify such refusal, imperious reasons of concern to previous persecutions; or
• Expressly renounces refugee status granted by Romania in writing.

Article 99(1) of the Asylum Act provides the following grounds for cessation of subsidiary protection:

• When the circumstances which led to its grant have ceased to exist or have changed to such an extent that this form of protection is no longer necessary; or
• When the beneficiary expressly renounces in writing, to the subsidiary protection granted by the Romanian State.

These provisions on changed circumstances do not apply to a person who has been granted refugee status or subsidiary protection and who can rely on compelling reasons resulting from previous persecution, in order to refuse the protection of the country of origin or habitual residence.[1]

Article 102 of the Asylum Act describes the cessation and withdrawal procedure. It shall be triggered ex officio by IGI-DAI or at the proposal of one of the institutions responsible for national security or public order, when new elements or data indicate the existence of reasons to reconsider the situation of the persons enjoying international protection within the meaning of the Asylum Act. Where the procedure for the cessation or cancellation of international protection is initiated at the proposal of one of the institutions responsible for national security or public order, IGI-DAI shall inform the respective institution of the decision of the procedure.

Article 103 of the Asylum Act requires the case officer in charge to inform the beneficiary of international protection in writing of:

• The initiation of the cessation or, as the case may be, withdrawal of the international protection granted by the Romanian state, as well as the reasons for initiating the procedure;
• rights and obligations during this procedure;
• the possibility to present, in a personal interview or written statement, the reasons why international protection should be maintained.

In addition, the same article sets out the rights and obligations of the person subject to cessation or withdrawal procedure. During the cessation or withdrawal of the international protection granted by the Romanian state, the beneficiary has the right to:

• be assisted by a lawyer;
• have an interpreter free of charge;
• contact and receive assistance by a UNHCR official;
• receive counselling an assistance by an NGO representative;
• receive, upon request, legal and procedural information, including information on the procedure in the administrative phase, under the legislation on legal aid in civil matters, taking into account their personal situation;
• be provided, on request, with information to clarify the reasons for a cessation or withdrawal of international protection decision at the administrative phase and to explain how such a decision may be challenged, under the legal provision on legal aid in civil matters. The beneficiary has the obligation to:
• provide the competent authorities with full and complete information about their personal situation; submit all the documents at their disposal and relevant to their personal situation;
• follow the stage of the procedure and inform IGI-DAI within 5 days regarding any change of residence;
• respond to the requests of IGI-DAI.

The beneficiary of international protection has the possibility to present, in a personal interview or written statement, the reasons why their international protection should be maintained.[2] The interview is not conducted in case the beneficiary of international protection has acquired Romanian citizenship.[3] If the beneficiary is not present at the interview, the case officer will assess the case on the basis of the documents in the personal file.[4]

The re-evaluation of the case may be carried out in the Regular Procedure or Accelerated Procedure. The case officer decides on the re-examination of the case in the accelerated procedure, pursuant to the conditions set out in Article 75 for applying it.[5]

Upon request, IGI-DAI grants UNHCR access to information on the procedure for reconsideration of the situation of beneficiaries of international protection and on the decisions issued, if the beneficiary has consented to this. In fulfilling its supervisory role under Article 35 of the Refugee Convention, UNHCR has the right to present its views to IGI-DAI on the procedure for reconsidering the situation of beneficiaries of international protection at any stage of this procedure.[6]

After analysing the existing elements from the case file and, as the case may be, the reasons invoked during the interview, the case officer issues a reasoned decision, which maintains, ceases or withdraws international protection.[7]The cessation or withdrawal of the form of protection shall not have effect on the person’s family members.[8]

Depending on the reasons, which gave rise to the decision to cease or withdraw the form of protection, the case officer may mention, as the case may be, the obligation to leave the Romanian territory.[9]If the decision states also the obligation to leave the Romanian territory, IGI shall issue and enforce the return decision.[10]

If the case officer decides to cease or to withdraw international protection, the beneficiary may appeal the decision, following the rules of the Regular Procedure or Accelerated Procedure.

The law does not prescribe a systematic review of the protection status and cessation did not occur systematically in 2018-2023.

In Timișoara and Giurgiu no cessation decisions were issued in 2022. In Rădăuţi only one decision was issued in the case of a Syrian national. In Galati one decision of cessation was issued for a Syrian nation who acquired the nationality of the USA.

In 2022 IGI-DAI provided the information that they had issued 70 cessation decisions (17 cessation of refugee status and 53 of subsidiary protection). One of the beneficiaries renounced the form of protection granted. The main countries of origin were Ukraine, Syria and Iran.[11]

In 2023, IGI-DAI indicated a total of 84 cessation decisions issued, however the institution did not provide the breakdown between refugee status and subsidiary protection. The people against whom these decisions were taken came from Syria (36), Ukraine (47) and Iran (1).

Source: General Inspectorate for Immigration – Directorate for Asylum and Integration, 18 January 2024

In several cases, international protection was maintained. In three cases where legal counselling was offered by JRS Romania, following the re-assessment procedure, it was decided that international protection should continue, including:

• The case of a Syrian BIP, who presented the necessary documents to submit the application for permanent residence and presented a valid national passport issued by the Syrian authorities after the date on which he received international protection.
• The case of two Iraqi adults, father and son, who, when they came to change their residence permit (the old one being expired), they presented national passports with entry/exit visas from the state of origin.

In 2022 the number doubled from 2021 when 34 cessation decisions were issued (main countries Syria, Iraq, Egypt)[12] down from 55 cessation decisions in 2020 (main countries Syria, Iraq and Ukraine),[13] 57 in 2019 (31 cessation of refugee status and 26 of subsidiary protection), up from 3 decisions issued in 2018.[14] The number increased again slightly in 2023, to 84 decisions, concerning nationals from Syria, Ukraine and Iran.

[1] Articles 98(2)-(3) and 99(2) Asylum Act.

[2] Article 103(1)(c) Asylum Act.

[3] Article 103(3) Asylum Act, citing Article 98(1)(c).

[4] Article 103(4) Asylum Act.

[5] Article 103(5) Asylum Act.

[6] Article 103(6) Asylum Act.

[7] Article 104(1) Asylum Act.

[8] Article 104(2) Asylum Act.

[9] Article 104(3) Asylum Act.

[10] Article 104(4) Asylum Act.

[11] Information provided by IGI-DAI, 22 February 2023.

[12] Information provided by IGI-DAI, 10 March 2022.

[13] Information provided by IGI-DAI, 16 March 2021.

[14] Information provided by IGI-DAI, 5 March 2019, 20 February 2020.