Criteria and restrictions to access reception conditions

Romania

Country Report: Criteria and restrictions to access reception conditions Last updated: 30/11/20

Author

JRS Romania Visit Website

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 whenever necessary, 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 contribution to 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.

 

In Timișoara, it occurred that asylum seekers were allocated to receive the financial allowance 7 days after their asylum application had been registered. In practical terms this means that IGI-DAI draws up a list of beneficiaries of the financial allowance twice a month: at the beginning of the month and in the middle. When this list is drawn, integration officers inform the asylum seekers 3 days before the payment that in 3 days they would receive the money and the consequences of not collecting them. IGI-DAI also informs accordingly the NGOs. Within 3 days, eligible asylum seekers may obtain their financial allowance from IGI-DAI. If they have not obtained it within that period, asylum seekers have to make a request duly explaining the reasons for their delay. Furthermore, some of the asylum seekers could not obtain their financial allowance due to the fact that they were not issued temporary identity documents or their visas expired (see Registration), but– this occurs when groups of 30 persons arrive in the centre or if they arrive during the weekend – or their visas expired. The asylum seekers who are transferred to other centres receive the financial allowance one day before they are transferred.

 

According to the JRS representative, asylum seekers who have money with them are informed in writing, in Romanian, that they will not receive the financial allowance. Due to the fact that they do not understand what is written on the information note, they request the NGO representatives to explain the contents of the document.

 



[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.

 

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