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.
Since 9 March 2022, when the Romanian government lifted all COVID-19 restrictions, there have been no restrictions or measures imposed in the regional centres, according to the directors of the centres.
At the time of the author’s visit on 16 February 2023 at the ITPF Timişoara there were four shipping containers where asylum seekers were accommodated and two mobile toilets placed in the inner court yard of the institution. One of these containers was presented to the author. It had eight bunk beds, without mattresses and a broken fan heater. The representatives of ITPF stated that the mattresses were taken out for cleaning. They also declared that these containers had not been used since December 2022; they are only used when there is a group of 10-20 people waiting for their interview and registration process. In the first trimester of 2022 ITPF Timişoara had to process groups of 10-12 persons.
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.