Reduction or withdrawal of reception conditions

Romania

Country Report: Reduction or withdrawal of reception conditions Last updated: 30/04/21

Author

Felicia Nica with support from JRS Romania Visit Website

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 The Asylum Act provides that the grounds for which material reception conditions may be limited or withdrawn are to be determined by a Government decision.[1] Accordingly, these are laid down in the Asylum Decree.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 reduction/ withdrawal of reception conditions by Regional Centre: 2020
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 Allowance suspension
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 1-2 months.

 

Timișoara: According to the director of the Regional Centre Timișoara, an asylum seeker that leaves the centre without a formal request, will be reaccommodated in the centre upon return and his or her allowance will be suspended for maximum of 2 weeks.

Şomcuta Mare: the JRS representative is not aware of cases of withdrawal of reception conditions.

Rădăuţi: It was reported that in a case of an unaccompanied children IGI-DAI decided to suspend his financial allowance for 1 month (16 RON/day), because IGI-DAI officers found 100 euro (his state financial allowance) on him, following a body search which was conducted after some time he was accommodated in the regional centre. He challenged the decision in court and it was admitted.

Giurgiu: according to the director of the regional centre decisions to withdraw the financial allowance were issued because the asylum seekers left the regional centre. JRS reported that the only sanction applied by IGI-DAI is eviction from the centre for 3 days of absence from the centre.

Galaţi: decisions to suspend, in general for 1 month, the daily financial allowance of 6 RON were issued to asylum seekers who left the regional centre without prior approval or for repeated violations. In the last months of 2020, sanctions were imposed for not following the house rules (ROI). It was also noted that when the decision is communicated asylum seekers do not receive any further information and are not aware why they do not receive the whole amount of financial allowance.

Bucharest : JRS reported that oral and verbal warnings were given to Algerian and Moroccan nationals for not respecting the house rules. The director of Stolnicu Centre reported that they issued decisions suspending the 6RON daily allowance for asylum seekers who left the centre without prior permission request.

According to IGI-DAI, 803 withdrawals of reception conditions decisions were taken in 2020, compared to 639 in 2019:[4]

Bucharest Giurgiu Galaţi Rădăuţi Şomcuta Mare Timișoara Total
317 136* 208 31 52 49 803

* the director of Giurgiu indicated a number of 113 decisions.

Source: IGI-DAI, 16 February 2021.

All decisions to withdraw the reception conditions were taken because the asylum seekers departed from the reception centre without prior notification.[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 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