Reduction or withdrawal of reception conditions

Romania

Country Report: Reduction or withdrawal of reception conditions Last updated: 30/11/20

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IGI-DAI may limit or withdraw the material reception conditions granted to asylum seekers by a reasoned decision communicated to the applicant. The Asylum Act provides that the grounds for which material reception conditions may be limited or withdrawn are to be determined by a Government decision.[1] Accordingly, these are laid down in the Asylum Decree.

 

IGI-DAI may limit or withdraw the material reception conditions where the applicant:[2]

  1. Leaves the place of residence established for 72 hours without having previously informed the Regional Centre;
  2. Does not comply with the obligation to present him or herself at the request of IGI-DAI in order to provide information or does not attend interviews notified to him or her;
  3. Repeatedly violates the house rules of the Regional Centres.

 

The law does not foresee any limitation on reception conditions due to large numbers of arrival. Where reception capacity is exhausted, IGI-DAI grants a specific allowance to asylum seekers to secure accommodation (see Forms and Levels of Material Reception Conditions).

 

More particularly as regards violations of house rules, Article 47 of the Regulation of Internal Order (ROI) prescribes the applicable sanctions in cases of disciplinary deviations, with the exception of applicants held in the specially designed closed spaces. The Director of the centre or his or her legal substitute shall apply individually, gradually and proportionally with the seriousness of the act, one of the following sanctions:

  1. Oral warning;
  2. Written warning;
  3. Suspension of the daily amount of 6 RON for local transport expenses, cultural services, press, repair and maintenance services and expenses for personal hygiene products, for a period of 1-3 months;
  4. Temporary suspension from the centre for 24 hours;
  5. Temporary suspension from the centre for 7 days;
  6. Final eviction from the centre.

 

Decisions reducing or withdrawing material reception conditions must be reasoned and taken on an individual basis, impartially and objectively.[3] The decision is signed by the Director of the Regional Centre. However, potential risks of destitution following the withdrawal of reception conditions are not assessed.

 

Practice as regards the reduction or withdrawal of reception conditions in the different Regional Centres is as follows:

 

Main grounds and forms of withdrawal of reception conditions by Regional Centre: 2019

Regional Centre

Main applicable grounds

Main sanctions imposed

Galaţi

ROI

Oral and written warning

Rădăuţi

ROI, departure from centre

Allowance suspension

Şomcuta Mare

ROI

Oral warning

Timișoara

ROI, departure from the centre

Allowance suspension

Giurgiu

ROI, departure from the centre

Bucharest

Departure from the centre

Allowance suspension

 

According to the director of the Regional Centre Bucharest, in case the asylum seeker is re-accommodated in the centre, the daily allowance is suspended for one month.

 

Timișoara: According to AIDRom and the director of the Regional Centre Timișoara, an asylum seeker that leaves the centre without a formal request several times, will be reaccommodated in the centre upon return.

 

Şomcuta Mare: In case of repeated misconducts, IGI-DAI applies the allowance suspension sanction.

 

Rădăuţi: It was reported that in some cases, even if it was the first misconduct, IGI-DAI applied the allowance suspension sanction for 3 months. There was also a case in which an asylum seeker was evacuated for 5 days from the centre. IGI-DAI informed the asylum seekers that if they leave the centre without an approved request, their 6 RON allowance will be suspended upon return and a restrictive measure will be imposed (they are not allowed to leave the centre after 4 PM).

 

Giurgiu: It was reported that 2 asylum seekers were evacuated after they were involved in a fight. This means that they had to leave the centre and find accommodation on their own.

According to IGI-DAI, 639 withdrawal of reception conditions decisions were taken in 2019:[4]

 

Bucharest

Giurgiu

Galati

Radauti

Somcuta Mare

Timisoara

Total

196

201

64

43

111

24

639

Source: IGI-DAI, 20 February 2020.

 

Out of the total number of withdrawals of reception conditions, 557 decisions were taken because the asylum seekers departed from the reception centre without prior notification and 82 decisions were taken because the asylum seekers did not respect the provisions of ROI.[5]

 

The sanction imposed was suspension of the daily amount of 6 RON for local transport expenses, cultural services, press, repair and maintenance services and expenses for personal hygiene products, for a period of 1-3 months.[6]

 

The decision on reduction or withdrawal of reception conditions may be challenged, subject to the rules applicable in the Accelerated Procedure: Appeal.[7] In 2019, the first and only appeal was drafted, but the applicant did not lodge it.

 

In practice, reception conditions may be reinstated after having been withdrawn or reduced, upon a request, which in most of the cases is drafted by NGO representatives.

 



[1]          Article 19^1(1) Asylum Act.

[2]          Article 55^1 Asylum Decree.

[3]          Article 55^1(3) Asylum Decree.

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

[5]          Ibid.

[6]          Ibid.

[7]          Article 19^1(1) Asylum Act.

 

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