Specialized legal assistance for asylum seekers in Romania
FAMI Project Seminar Report 19.01.01
“Specific training of lawyers and legal advisers involved in the asylum procedure, Brașov 2020″
The seminar was organized between January 21 and 23, 2020, in Brașov, Cubix Hotel, B-dul Saturn, no. 47, Brașov county. The seminar was attended by AIDRom legal counsel, Fivi-Gabriela Cioanca, along with representatives of the Romanian National Council for Refugees, the General Inspectorate for Immigration, the United Nations High Commissioner for Refugees in Romania, as well as lawyers representing asylum seekers in the procedure. asylum, administrative / judicial phase.
The Seminar addressed topics such as: remedies in the asylum procedure, evidence in the asylum procedure, the Dublin procedure, the specificity of using information from the country of origin in assessing the need for international protection, etc.
In addition to presentations, there were free discussions and debates on relevant cases.
FAMI Project Seminar Report 19.01.01
“Specific training of legal representatives and legal advisers involved in the asylum procedure, Brașov 2020″
The seminar was organized between 20 and 22 January 2020, in Brașov, Cubix Hotel, B-dul Saturn, no. 47, Brașov county. The seminar was attended by the legal advisor AIDRom Timisoara, Fivi-Gabriela Cioanca, along with representatives of the National Council for Refugees in Romania, the General Inspectorate for Immigration, the United Nations High Commissioner for Refugees in Romania, and the County Directorates for Assistance and Child Protection in Timiș County, Maramureș, Galați and Giurgiu, etc.
The Seminar addressed topics such as: the role and competencies of the legal representative of unaccompanied minors, the importance of the use by legal representatives of information from the country of origin, strategies for working with unaccompanied minors, etc.
Forms of international protection
According to Law no. 122/2006 on asylum in Romania, there are three forms of international protection:
- a) refugee status;
- b) subsidiary protection;
- c) temporary protection (never granted in Romania).
Refugee status is granted, upon request, to a foreign national who, following a well-founded fear of persecution on the grounds of race, religion, nationality, political opinion or membership in a particular social group, is outside the country of origin and who cannot, or does not want to, seek the protection of that country.
Refugee status is also granted to stateless persons who, for the reasons set out above, are outside the country in which they resided and who cannot or do not wish to return to that country.
Subsidiary protection is granted to the foreign national or stateless person if there are reasonable grounds for believing that, if he or she returns to his or her country of origin or country of habitual residence, he or she will be at serious risk.
Serious risk means:
- sentencing to death or the execution of such a punishment;
- torture, inhuman or degrading treatment or punishment;
- a serious, individual threat to life or integrity, as a result of widespread violence in situations of internal or international armed conflict, if the applicant is part of the civilian population.
Temporary protection is an exceptional procedure designed to ensure, in the event of a massive influx of displaced persons, immediate protection, especially if there is also a risk that the asylum system will not be able to process this flow. The duration is one year.
The asylum procedure involves the following steps:
Applying for asylum;
Photography and fingerprinting;
Issuance of the temporary identity document;
Preliminary interview (completion of the questionnaire);
Interview for determining a form of international protection;
Issuance of the decision and:
- a) recognition of refugee status;
- b) granting subsidiary protection. Complaints against the decision to grant subsidiary protection may be lodged within 10 days of the communication. The court competent to resolve the complaint is the Court in whose territorial area is the specialized structure on asylum issues of the IGI that issued the decision.
- c) rejection of the asylum application. An appeal may be lodged against the decision to reject the asylum application within 10 days of the communication. The court competent to resolve the complaint is the Court in whose territorial area is the specialized structure on asylum issues of the IGI that issued the decision.
Communication of the decision.
Formulation of the complaint in the cases provided for in b) and c). The court competent to resolve the complaint may rule as follows:
- a) admits the complaint and grants a form of international protection;
- b) rejects the complaint and does not grant a form of protection.
The formulation of the appeal against the decision of the first instance within 5 days from the communication of the decision.
RIGHTS AND OBLIGATIONS
During the asylum procedure, the alien who requests the granting of a form of protection has the following rights: to remain in Romania until the expiration of a term of 15 days from the completion of the asylum procedure;
be assisted by a lawyer at any stage of the asylum procedure;
provide you with an interpreter free of charge at any stage of the asylum procedure;
contact and be assisted by a UNHCR official;
be advised and assisted by an NGO representative;
to have access to the information contained in your file;
to protect your personal data;
to be issued a temporary identity document;
if you do not have the means of maintenance, you can benefit, on request, from the entire duration of the asylum procedure, from material reception conditions;
to be accommodated in the reception and accommodation centers, subordinated to the General Inspectorate for Immigration, until the cessation of the right to remain on the Romanian territory;
receive free primary care and appropriate treatment;
access to the labor market after 3 months from the submission of the asylum application;
the right of minors to have access to education;
During the asylum procedure, the alien requesting the granting of a form of protection has the following obligations:
provide the authorities with complete and real information about your identity and asylum application;
submit all the documents you have at your disposal that are relevant to your personal situation;
to hand over the document for crossing the state border;
to inform the General Inspectorate for Immigration about the change of residence, within maximum 5 days from the occurrence of the situation;
respond to requests from asylum bodies;
not to leave the place of residence without the authorization of the General Inspectorate for Immigration .;
to present yourself at the medical examinations established for you, as well as to undergo vaccinations, as the case may be, in order to protect public health;
at the request of the competent authorities, submit to the control of the body and the objects you have on you;
to comply with the laws of the Romanian state, as well as the measures ordered by the Romanian bodies competent in matters of asylum;
to leave the territory of Romania within 15 days from the completion of the asylum procedure. The obligation does not subsist if you have a right of residence regulated according to the legislation on the legal regime of aliens in Romania.
Project: “Specialized legal assistance for asylum seekers in Romania”, FAMI 19.01.01
Applicant: Romanian National Council for Refugees
Partner: AIDRom – Ecumenical Association of Romanian Churches
The Romanian National Council for Refugees – CNRR, in partnership with: The Ecumenical Association of Romanian Churches – AIDRom, implements the project: “Specialized legal assistance for asylum seekers in Romania”, FAMI 19.01.01
Venues: Bucharest, Timişoara, Şomcuta Mare, Radauţi, Galaţi and Giurgiu and other localities, if needed.
Implementation period: 14.08.2019 – 13.08.2020
General objective: to ensure access to counseling and legal assistance for asylum seekers throughout the asylum procedure and the Dublin procedure and for beneficiaries of international protection whose situation is being re-examined during the re-examination procedure, as well as for beneficiaries of international protection the duration of the family reunification procedure, according to Law no. 122/2006 with subsequent amendments and completions (hereinafter referred to as Law 122/2006).
Specific objectives: The project will respond to the need for specialized assistance by providing individualized legal advice and assistance to asylum seekers who wish to do so, throughout the asylum procedure (including the Dublin procedure), beneficiaries of international protection whose situation is being re-examined or who have applied for asylum. family reunification according to Law no. 122/2006.
Legal advice and / or assistance will be adapted to the needs of vulnerable persons, as appropriate.
For this purpose, the following specific objectives will be pursued:
all asylum seekers registered in the project will benefit from:
– legal advice and assistance in the administrative phase of the procedure;
– advice and specialized legal assistance for the preparation and submission of the complaint and, as the case may be, of the appeal;
– legal advice and assistance in the judicial procedure (first and second phase as the case may be);
– legal advice and assistance in order to access public legal aid in any of the eligible forms;
– legal advice and assistance in proceedings concerning restrictive measures directed against them;
– legal advice on the practical ways to challenge the decision by which the granting, limitation or withdrawal of the material conditions of receipt was ordered;
- all beneficiaries of international protection whose situation is being re-examined, who request this, will benefit from specialized legal advice and assistance during the re-analysis procedure, both in the administrative and judicial phase;
- all beneficiaries of international protection who have made requests for family reunification will benefit, upon request, from counseling / assistance regarding the explanation of the procedure, the necessary documentation, the drafting of the application, interview assistance, legal assistance if necessary.
The target group of the project consists of asylum seekers from Romania
The main direct beneficiary of the actions provided in the Project: “Specialized legal assistance for asylum seekers in Romania” is represented by “the foreign citizen or stateless person who has expressed his will to obtain international protection in Romania, as long as the asylum procedure his request has not been completed; ”; will also take into account persons who are in the Dublin procedure or who have received a decision rejecting the asylum application for which Law 122/2006 provides legal remedies.
At least 800 asylum seekers will benefit from specialized legal advice and assistance as well as relevant information on the effective exercise of the rights and obligations provided by Law 122/2006;
In addition to asylum seekers, if requests arise, the beneficiaries of international protection will also be assisted, whose situation is being re-analyzed or who have requested the reunification of the family according to Law no. 122/2006.
The beneficiaries of international protection whose situation is reanalyzed, represent, from a numerical point of view, a limited category of persons; they will be able to benefit, upon request, from advice and specialized legal assistance through which the observance of the minimum guarantees will be followed during the reanalysis procedure.
Beneficiaries of international protection who have requested the reunification of the family and encounter difficulties, will be advised and assisted considering the observance of the principle of family unity, in accordance with the provisions of L.122 / 2006.
Particular attention will be paid to persons belonging to vulnerable categories, as listed in Directive 2013/33 / EU of the European Parliament and of the Council of 26 June 2013 on setting standards for the reception of asylum seekers, by providing individualized assistance according to their requirements. .
The law. 122/2006, art.2, letter b – Definition of terms – asylum seekers
On May 30, legal counsel Cioanca Fivi-Gabriela participated in the “Information Session dedicated to the staff of the General Directorate for Social Assistance and Child Protection Timiș – Protection of unaccompanied children seeking asylum and refugees” organized by UNHCR, at Hotel Continental Timișoara. The purpose of the meeting was to prepare both the staff of DGASPC Timiș and the representatives of non-governmental organizations to work with unaccompanied minors seeking asylum and refugees.
The meeting was attended by representatives of NGOs, representatives of CRPCSA Timișoara and representatives of DGASPC Timiș.
During the meeting, the methods of providing assistance to unaccompanied minors were discussed.
The Dublin Regulation specifies the rules for determining the state responsible for examining the asylum application, applicable in the territory of the Member States of the European Union, Norway, Iceland, Switzerland and the state of Liechtenstein. Thus, only one Member State will consider the asylum application and avoid submitting several asylum applications in different countries.
The Dublin Regulation applies to asylum seekers, illegally staying aliens who have previously applied for asylum in another Member State and aliens who have entered Dublin territory illegally and subsequently applied for asylum in a Member State other than the one through which he entered.
Access to the labor market
Asylum seekers have access to the labor market under the conditions provided by law for Romanian citizens, after the expiration of a period of 3 months from the date of submission of the asylum application, if in their case a decision was not taken in the administrative phase of the procedure. , and the delay cannot be imputed to them, as well as during the asylum procedure in the judicial phase. If at the date of submission of the asylum application they have regulated a right of residence on the territory of Romania and are legally employed, they can continue to carry out the lucrative activity.
If the asylum seekers have access to the labor market, they can benefit from measures to stimulate employment, as well as protection within the unemployment insurance system, under the conditions provided by law for Romanian citizens.
USE OF INFORMATION FROM THE COUNTRY OF ORIGIN IN THE ASYLUM PROCEDURE
Any party involved in the asylum procedure can obtain information from the country of origin as follows:
– accessing the national INDICIUM portal at www.portal-ito.ro and using the contact form;
– or by sending an e-mail to email@example.com in which to be briefly exposed some details about the case and the file number, along with three or four questions related to issues considered relevant in solving the case, following that a reply be sent within a maximum of 7 working days for the cases in the ordinary procedure, respectively 3 three working days for the cases of special procedures;
Country-of-origin information is mainly that impartial information, obtained from public sources, consulted and used in asylum procedures to assist decision-makers, counselors and other parties involved in separate processes of assessing particular circumstances, establishing the credibility of applicants for international protection or highlighting the risk of ill-treatment, in relation to the objective situation determined by the level of security and respect for human rights, the socio-cultural, ethnic, political, religious and geographical features of the country. origin, residence or transit.
LEGISLATION – Fraudulent crossing of the state border
According to article 262 paragraph (1) NCP, entering or leaving the country through the illegal crossing of the Romanian state border is punishable by imprisonment from 6 months to 3 years or a fine. Thus, asylum seekers who enter or leave Romania illegally run the risk of committing a crime punishable by imprisonment. After their detection at the border, a criminal investigation file is opened on the name of the asylum seekers, which will be judged at the court in whose area the crime was committed.
Art. 262 Fraudulent crossing of the state border
(1) Entering or leaving the country through the illegal crossing of the Romanian state border shall be punished by imprisonment from 6 months to 3 years or by a fine.
(2) If the deed provided in par. (1) was committed:
- a) for the purpose of evading criminal prosecution or the execution of a sentence or of an educational measure depriving of liberty;
- b) by an alien declared undesirable or who has been denied in any way the right to enter or stay in the country,
the penalty is imprisonment from one to five years.
(3) The attempt shall be punished.
(4) The deed provided in par. (1), committed by a victim of trafficking in human beings or minors, shall not be punished.
National Program – Fund for Asylum, Migration and Integration
Contract no. ref: FAMI / 19.01.02
Beneficiary: The Ecumenical Association of Churches in Romania – AIDRom
Partner: Romanian National Council for Refugees – CNRR
The project: “Assistance and integrated services for asylum seekers in Romania – A.S.I.ST. RO. “
The Ecumenical Association of Churches in Romania – AIDRom, in partnership with the Romanian National Council for Refugees – CNRR, officially announces the start of the project: “Assistance and integrated services for asylum seekers in Romania – ASIST RO.”.
The general objective of the project:
The overall objective of the project is to improve the situation of the asylum seekers in Romania by promoting a system of social and complementary material assistance and specialized services in order to increase their standard of living in our country.
The project: “Assistance and integrated services for asylum seekers in Romania – A.S.I.ST. RO. ”, aims to provide specific services for asylum seekers in Romania, by: providing information and advice on legal rights and obligations regarding: labor market, education system, social insurance system, etc., social and legal counseling to help them to solve the problems they face, accessing the available public services, facilitating social integration through socio-cultural, educational and recreational activities and providing Romanian language courses, as well as material assistance.
Also, asylum seekers will be provided with 2 accommodation spaces for vulnerable persons, in the 2 AIDRom centers (Bucharest and Timisoara), as an alternative to accommodation in the spaces offered by the Accommodation and Asylum Procedures Centers in the country.
Asylum seekers will participate in accommodation activities in the Romanian society, educational and recreational activities, Romanian language learning courses and will benefit from accessing the educational system.
By providing specific assistance to asylum seekers, we aim to integrate beneficiaries into the host society.
Building on the vast experience of the two partner organizations, the project aims to address the following main areas of action:
- To provide social and legal counseling and assistance (other than asylum procedures). In this regard, the project aims to achieve its objectives by offering assistance, counseling and complementary facilities to asylum seekers. They will be informed about the set of socio-economic rights and legal obligations (other than those regarding the asylum procedure) that they have; effective material assistance to improve the living standards of asylum seekers, Romanian language courses for minors and adults as well as a series of cultural and recreational activities, developing professional skills, in order to accommodate asylum seekers to the characteristics of the Romanian society. The number of beneficiaries advised and informed will be a minimum of 600 asylum seekers
- Also, the Accomodation and Counseling Centers in Bucharest and Timișoara will continue to operate, where the categories of asylum seekers belonging to especially vulnerable groups: women, single-parent families, families with children will benefit from accommodation and assistance, information and counseling services, persons with disabilities, elderly persons, victims of human trafficking, persons subjected to torture, rape or other serious forms of physical, psychological or sexual violence, and other persons in special situations, to supplement the number of accommodation places in the related regions. Provide effective material assistance to asylum seekers in order to improve the reception conditions and their standard of living.
- Specifically, particular emphasis will be placed on the assistance and facilities provided to asylum seekers belonging to vulnerable categories.
- To provide educational services, cultural accommodation and recreational activities, as well as Romanian language courses for minors and adults
Places of development:
Bucharest and Ilfov County
- Somcuta Mare
- Other localities in the country where there are asylum seekers who will need assistance
The project is implemented by AIDRom – the Ecumenical Association of Churches in Romania, in partnership with the Romanian National Council for Refugees – CNRR, a project funded by the European Union and the General Inspectorate for Immigration, through the National Program – the Fund for Asylum, Migration and Integration.
The project is implemented for a period of 12 months: August 13, 2019 – August 12, 2020. The total budget of the project is: 1,696,217.50 lei.
In granting the facilities within the project for asylum seekers in Romania, the recommendations received from the integration officers from the Accommodation and Procedures for Asylum Centers, will be taken into account, and the activities will be carried out in close collaboration with General Inspectorate for Immigration.
The composition of the target group consists mainly of: most families (about 35%) and single men (about 45%), single women with children (about 15%), unaccompanied minors (about 5%).
For more information please contact the representatives of the organizations involved in the project:
AIDRom – Elena Timofticiuc, AIDRom Project Manager, tel: 021.212.48.68, mobile: 0722 804 911, E-mail: firstname.lastname@example.org
CNRR – Romanian National Council for Refugees, Mr. Niculae Cârcu, Project Coordinator, E-mail: email@example.com
Project Manager – AIDRom
AIDRom, Ecumenical Association of Churches in Romania, is implementing a project of legal counseling entitled “Legal Advice for asylum seekers in Romania “. The project addresses asylum seekers in Romania for a period of 6 months. The project is implemented in partnership with the Romanian National Council for Refugees CNRR and is funded by the General Inspectorate for Immigration from Romania through AMIF Fund.
The objective of the project is to promote and defend human rights among refugees and asylum seekers in Romania. To fulfill this mission, AIDRom provides specialized counseling and legal assistance for asylum seekers in special situations (vulnerable cases). Accommodations are provided in two of AIDRom’s centers; Timisoara and Bucharest. The project is conducted at the national level in collaboration with CNRR. More specifically, they have 6 centers for accommodation and legal processing for asylum seekers in Romania. These centers are located in Bucharest, Timisoara, Giurgiu, Galaţi, Şomcuta and Radauti.
The main project activities are:
1. Counseling and specialized legal assistance for asylum seekers and beneficiaries of international protection whose situation are reassessed
2. Specific trained lawyers / legal advisors and interpreters involved in the asylum process
3: Ensured efficient visibility of the project throughout its deployment
4: Activities related to project coordination
If you are seeking asylum in Romania or know of an asylum seeker who needs free legal counsel, you can contact us at:
AIDRom Bucharest: Catalina Catuti, legal adviser – 021 212.07.98 / firstname.lastname@example.org
AIDRom Timisoara: Maria Mares, legal adviser – 0256.217.096 / email@example.com
March 2016: Debate on legislative issues, jurisprudential and relevant practice for the asylum procedure at Sinaia, Romania
From 22 – 25 March, 2016, a seminar was held in Sinaia, Romania on the theme “Debate on legislative issues, jurisprudential and relevant practice for the asylum procedure”, during which representatives of state institutions and non-governmental organizations acted together and implemented national projects under the Migration, Asylum and Integration Fund – FAMI, where they came together.
There were present representatives of Ministry of Internal Affairs – General Inspectorate for Immigration, Asylum and Integration Division, CNRR- Romanian National Council for Refugees, AIDRom-Ecumenical Association of Churches in Romania, and UNHCR Romania – The United Nations Refugee Agency in Romania. The new legislative changes adopted by Law no. 331 / 24.12.2015 and implementing rules issued on 25.01.2016, was due to Romania’s commitments to align internal law to European legislation were discussed.
Practical issues arising from the implementation of new legal rules, case law, former cases in the context of the migration wave that Europe is facing today were presented and discussed. Namely, the relevant decisions of the European Court of Justice of the European Union. Legislative proposals were made.
AIDRom’s legal advisors attended the meeting; Catuti Catalina (from Bucharest) and Maria Mares (from Timisoara), to provide specialized legal assistance for asylum seekers, vulnerable people staying in AIDRom centers from Bucharest and Timisoara.
The Project “Specialized legal assistance for asylum seekers in Romania” is funded through the budget line: Fund Asylum, Migration and Integration and its reference number is FAMI / 15.01.01.
The total project value is 543,005.74 lei sources of financing are 75% of the funds provided by the European Commission, 20% of funds provided from the national budget, 5% are beneficiary contributions.
The implementation period is 6 months: 12.12.2015- 06.11.2016
Manager: Nicholas Carcu / CNRR
Coordinator: Catalina Niculescu / AIDRom