Reduction or withdrawal of reception conditions

Romania

Country Report: Reduction or withdrawal of reception conditions Last updated: 31/05/22

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 The Asylum Act provides that the grounds for which material reception conditions may be limited or withdrawn are to be determined by a Government decision.[1] Accordingly, these are laid down in the Asylum Decree.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]

  • Leaves the place of residence established for 72 hours without having previously informed the Regional Centre;
  • 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 attendinterviewsnotified to him or her;
  • Repeatedly violates the house rulesof 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 asylumseekers 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:

  • Oral warning;
  • Written warning;
  • 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;
  • Temporary suspension from the centre for 24 hours;
  • Temporary suspension from the centre for 7 days;
  • 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

 

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. In 2021, 330 persons received a decision to withdraw their reception conditions. 50 restricitve measures (the obligation to report at IGI) were imposed on those reaccommodated in the centre. The restrictive measures were lifted after the personal interview, according to the director of the centre.

Şomcuta Mare: The JRS representative reported that the daily pocket money was suspended for thosewho left the centre and were reaccommodated

Rădăuţi: Asylum seekers received withdrawal of reception conditions decisions for leaving the centre without formal approval, for breaching the ROI. The pocket money was suspended for 1-3 months.

Reaccommodated asylum seekers do not receive the pocket money for 1-2 months.

Giurgiu: according to the director of the regional centre 110 decisions to withdraw the financial allowance were issued for 94 asylum seekers, because the asylum seekers left the regional centre. The sanction applied by IGI-DAI was to withdraw the six RON/day for one month.

Galaţi: decisions to suspend, in general for one to three months, the daily financial allowance of 6RON were issued to asylum seekers who left the regional centre without prior approval or for repeated violations. 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: the director of Stolnicu Centre reported that they issued decisions suspending the 6RON pocket money for asylum seekers who left the centre without prior permission requestAccording to the director of the Regional Centre Bucharest, in case the asylum seeker is re-accommodated in the centre, the pocket money is suspended for 1-2 months. Also the restrictive measure to report to IGI was imposed on those reaccommodated. The JRS representative reported that pocket money had been suspended for 2-3 months.

According to IGI-DAI, 1099 withdrawals of reception conditions decisions were taken in 2021,[4] compared to 803 in 2020[5]  and 639 in 2019:[6]

Bucharest Timișoara Galaţi Rădăuţi Şomcuta Mare Giurgiu Total
496 299 134 32 44 94 1,099

* the director of Giurgiu indicated 110 decisions.

Source: IGI-DAI, 10 March 2022.

 

The decisions to withdraw reception conditions were taken either because the asylum seekers left the reception centre without prior notification or they failed to observe the ROI.[7]

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.[8]

The decision on reduction or withdrawal of reception conditions may be challenged, subject to the rules applicable in the Accelerated Procedure.[9]In 2019, the first and only appeal was drafted, but the applicant did not lodge it. In 2021, no decision to withdraw or reduce the reception conditions was challenged.

 

 

 

[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, 10 March 2022.

[5] Information provided by IGI-DAI, 16 February 2022.

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

[7] Information provided by IGI-DAI, 10 March 2022.

[8] Ibid.

[9] 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