Freedom of movement

Romania

Country Report: Freedom of movement Last updated: 30/04/21

Author

Felicia Nica with support from JRS Romania Visit Website

According to the Asylum Act, asylum seekers are not allowed to leave their place of residence without authorisation from IGI-DAI.[1] The request to leave the residence has to include the address, the full name of the person with whom the applicant will be staying and the period of time and reasons for his or her request to leave.[2] Authorisation is issued following an individual, objective and impartial assessment. In case IGI-DAI refuses to grant authorisation, its decision shall be motivated.[3]

The provision of material conditions is subject to the applicant’s actual residence in the assigned centre. This is monitored by IGI-DAI through its database. If an applicant leaves the Regional Centre without permission and does not return in 72 hours, IGI-DAI may apply Reduction or Withdrawal of Reception Conditions.

Applicants may also be transferred to different reception facilities for reasons of capacity. In practice, asylum seekers are transferred most often from Timișoara to other Regional Centres. This occurs due to the fact that, most of the asylum seekers arrive from Serbia and the Regional Centre of Timișoara has a limited capacity. Asylum seekers cannot appeal against the transfer decision. According to the Director of the Regional Centre of Timișoara, in 2020, transfers were carried out 4 times a week, even within 2 days from their arrival. When transferred the integration officer informs them orally about the transfer, in addition to written communication in Arabic or Kurdish. According to the JRS representative, asylum seekers are not informed beforehand about the transfers. IGI-DAI officers jointly with the special police forces wake them on the morning of the transfer. It was reported by the JRS representative that police officers behaved aggressively towards asylum seekers, because they did not want to exit the rooms. Conversely, the AIDRom representative stated that no incidents were reported.

According to the AIDRom representative, asylum seekers are informed on the spot by the integration officer and AIDrom representative. When the transfer is conducted, special police forces / riot police / rapid intervention police forces are attending. According to AIDRom, they are attending only to supervise the transfer process. An information note, written in Romanian and English, is given to the asylum seekers on the day of the transfer. In general, transfers are conducted once a week. AIDRom assists to the transfer procedure and provides them with packages.

As for the transfer packages JRS reported that some asylum seekers were transferred without being provided food. This was also reported by AIDRom representative, who mentioned that this was caused by the gap between the 2 projects implemented in 2020.

According to IGI-DAI, in 2020, 26 decisions assigning a specific residence, reception centres, for the asylum seekers, were taken, in line with article 19^4 of the Asylum Act.[4]

 

 

 

 

 

[1]        Article 19(g) Asylum Act.

[2]        Article 7 Asylum Decree.

[3]        Article 19(g) Asylum Act.

[4]        Information provided by IGI-DAI, 20 February 2020.

 

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