Author
Asylum seekers who do not have means of subsistence are entitled to reception conditions from the moment they have expressed their intention to apply for asylum until the completion of the asylum procedure and the expiry of their right to stay in Romania.[1]Asylum seekers have the right to stay in Romania until the expiration of a period of 15 days after the end of the asylum procedure, except when the asylum application was rejected after being examined in the accelerated procedure or in the border procedure, in this case the person is ordered to leave Romania as soon as the asylum procedure has been completed. Accelerated and border procedures are concluded from the date of delivery of the court’s decision if an appeal has been lodged, or from the expiration of the deadline for filing the appeal.[2]In the Dublin procedure the right to remain on the territory of Romania ceases on the date of the transfer.[3]
Subsequent applicants do not have the right to material reception conditions.[4]
At the time of submission of an application for material reception conditions and whenevernecessary, IGI-DAI shall analyse the provision of material reception conditions on a case-by-case basis, taking into account the material and financial means possessed by the applicant.[5]If IGI-DAI finds that the applicant has the means to ensure an adequate standard of living and can contribute to the costs of material reception conditions and health care, it may suspend the granting of material reception conditions and may require reimbursement and impose future contributionto those costs.[6]
Although, according to the law, applicants are entitled to reception conditions from the moment they express the intention to seek asylum, in practice they are not accommodated in the reception centres until the asylum claim is registered.
Measures imposed during the pandemic
In 2021, restrictons were imposed when the city where the regional centres are located was facing high rates of COVID-19 infections, more specifically 3 infections per 1000 inhabitants (called red scenario).
Timișoara: during the red scenario asylum seekers were allowed to exit the regional centre only 4h/day during 12-16, according to the JRS representative. Conversely, the director mentioned that exit was restricted between 10-18. During the rest of the year, when the number of COVID-19 infections was not high the entry and exit of asylum seekers was not restricted.
Asylum seekers and beneficiaries of international protection had the possibility to get vaccinated against COVID-19 in the regional centre. However, only 22 persons got vaccinated, according to the JRS representative.
Masks and disinfectant products were provided by UNHCR.
In 2021 asylum seekers continued to be quarantined at the dorm of ‘Dimitrie Leonida’ Technological High School. The dorm has 150 places for accommodation. Each room has a bathroom. The conditions in the dorm were reported to be good. However, the LOGS representative reported that there was no medical staff in the dorm and for any medical issue they were calling the ambulance.
As of April 2021, asylum seekers were also quarantined in a building administered by the Timis county council that has a capacity of 45 places of accommodation. The city hall of Timisoara provided one meal per day of 16 RON/3,2 EUR, for those placed in quarantine, according to LOGS representative. The second meal was provided by LOGS in the first half of 2021. LOGS also offered them hygienic products.
During the quarantine asylum seekers are not provided any information on the asylum procedure or their rights and obligations.
Asylum seekers and migrants were kept at the Territorial Inspectorate of the Timișoara Border Police for 24 hours, before they were quarantined at the dorm, according to the director of Timișoara Regional Centre. However, according to Logs representative there were persons who stayed for more than 24 hours, if there were no places available in the quarantine facilities.
In 2021 the Border Police had five shipping containers where asylum seekers were accommodated. According to the Logs representative there is no total number of designated places for the accommodation of migrants and asylum seekers at the Border Police. While housed at the Border Police foreigners have no access to showers or running water, they only have access to 2 mobile toilets. Between January-April 2022 Logs ensured 2 meals per day for each asylum seeker and migrant housed at the Border Police. Afterwards this task was taken over by a church. As for counseling and information provision, the Logs representative mentioned that this is not provided to them by the NGOs.
In the first half of 2021, asylum seekers were tested while in quarantine with rapid antigen tests, provided by the Border Police, according to the director of Timișoara Regional Centre. According to the director of the centre, upon their arrival in the regional centre, asylum seekers were visually screened by the medical staff, without an interpreter, as the medical doctor speaks Arabic.
Şomcuta Mare: No restrictive measures were imposed during 2021. Asylum seekers were monitored by the medical staff, according to the JRS representative. Aproximately 60% of asylum seekers got vaccinated against COVID-19.
Galaţi: in 2021 when the city was in the red scenario asylum seekers were allowed to exit the centre only a few times per day. They were informed accordingly on the COVID-19 infection rate in the city by IGI-DAI staff and NGO representatives.
Rădăuţi: in 2021 there were no entry and exit restrictions in the centre. Asylum seekers who entered Romania through Ukraine were quarantined for 14 days in another city located 50 km away from Radauti.
Bucharest: as in Radauti, in Bucharest the access and exist of the regional centre was not restricted. Newly arrived asylum seekers or the ones who were reaccommodated were isolated from the rest for 4-5 days. They were monitored by the medical staff. People’s temperature was measured every morning. In the last part of the year asylum seekers were no longer isolated, according to the director of Vasile Stolnicu.
Giurgiu: for the prevention of Covid-19, people who are accommodated in the center were monitored daily be the medical nurse. The nurse also measured the temperature of those entering the centre, according to the director. She also mentioned that a COVID-19 form was filled in at the interview, both by the applicant and by the interpreter. Masks were provided by IGI-DAI, JRS and UNHCR. 11 Syrian asylum seekers apprehended by the Border Police were quarantined in Teleorman county before they were accommodated in the centre.
Around 80% of asylum seekers transferred from Timișoara received the financial allowance before they were transferred to other centres, according to the director of the centre. As for the rest, they did not receive the financial allowance because they were transferred soon after their arrival. The JRS representative mentioned that asylum seekers were provided financial allowance even though they were not issued the temporary identity card. The financial allowance is provided twice per month on the first and 15 of the month. Therefore, asylum seekers present in the centre at these dates received the financial allowance.
[1] Article 56(6) Asylum Decree.
[2] Article 17(7) Asylum Act.
[3] Article 17(1)(a) Asylum Act.
[4] Article 88^1 Asylum Act.
[5] Article 55(8) Asylum Decree.
[6] Ibid.