Negative decision & appeal
Lear more about the negative decision rejecting your asylum claim in Romania, the types of procedures and the means to appeal
What can I do if I was rejected?
You have the right to complain against the negative decision received from the General Inspectorate for Immigration (GII, or IGI in Romanian). In this case, you will go to court. The court procedure can take up to several months. During this time, you continue to be an asylum-seeker.
How do I submit a complaint?
You have to submit the reasoned complaint within 10 days after you were informed of the negative decision, otherwise the decision is final and can no longer be changed.
The reasoned complaint will be filed at the Regional Centre which issued the decision or at the territorial competent county court (in Romanian: Judecăorie) along with any other evidence. After that, you will receive a notification from the court (in Romanian: comunicare) regarding the date and time when you must present yourself in court. You have the right to be heard by the judge and have an interpreter present at the court hearing. It is most likely you will need to attend more than one court hearing before you receive a decision from the court.
It is very important that from the moment you receive the negative decision you contact the non-governmental organization (NGO, or ONG in Romanian) providing free legal assistance at the Regional Centre, or you hire a lawyer, to help you file the reasoned complaint. Do not wait until the last day! See the contact section below for more information about organizations which can help you.
Can I be represented in court by a lawyer?
If you do not have financial means to hire a lawyer, you have the right to ask the court to assign you an ex-officio lawyer free of charge. The NGO providing legal assistance can help you request this ex-officio lawyer or, in some cases, can provide you with a lawyer. Remember to stay in touch with your lawyer.
What happens after I make the first complaint?
The decision of the first court will be communicated to you. If the court decides to grant you a form of protection, GII/IGI may challenge it and submit a recourse at the second court (in Romanian: Tribunal).
If the decision of the first court is negative, you have the right to file a recourse within 5 days since the court issued the decision; otherwise the decision is final. You will then have to justify the recourse by sending in writing the reasons for which you do not agree with the negative decision of the first court.
You must be present at the Tribunal for each hearing and you must have a lawyer. If you do not have the financial means to hire a lawyer, you have the right to ask the court to assign you a lawyer free of charge or, in certain cases, a lawyer can be offered by an NGO.
The decision issued by the Tribunal is final and irrevocable, meaning it can not be changed, and you will have to leave Romania.
Note that the steps described above apply to the ordinary (common) asylum procedure. Other steps and deadlines apply if you are rejected in "accelerated procedure" or the "border procedure". See below section for more information.
Rejected in "accelerated procedure" or in the "border procedure"
If your asylum application was rejected in accelerated procedure or your claim was analysed in the border procedure, you have the right to file a complaint within 7 days after you are informed of the negative decision. Note that the decision issued by the first court (in Romanian: Judecăorie) is final and irrevocable, meaning it can not be changed.
It is very important that from the moment you receive the negative decision you contact a non-governmental organization (NGO, or ONG in Romanian) providing free legal assistance, or you hire a lawyer, to help you file the reasoned complaint. Do not wait until the last day! See the contact section below for more information about organizations which can help you.
What happens after I receive a final negative decision?
If you received a final negative decision, you must leave Romanian territory within the time-frame mentioned in the notification (for example 15 days if rejected in the normal asylum procedure). You can ask for advice with regard to the alternative options available to you, which are described below.
What options do I have if I am finally rejected?
If you have the obligation to leave Romania, but you do not have the financial means to return to your country of origin, you can use the so-called "assisted humanitarian voluntary return". This is an alternative to forced removal from Romania, and is available for citizens of countries outside the European Union. The procedure is supported by the International Organization for Migration (IOM), in collaboration with the Romanian Government. Contact us to find out more information about this program.
Access to a new asylum procedure
If your asylum application was finally rejected, you can submit a request for access to a new asylum procedure. Such a request is approved only if you present new reasons for asking for asylum. You must give proof or information about these new reasons and why you did not present them before (in the other asylum procedures).
You can also be granted access to a new asylum procedure in case there have been new or recent political, social, military or legislative changes in your country of origin, which might affect your situation and which happened after your last asylum application was finally rejected. In the meantime, you will also have to separately request permission to remain on Romanian territory.
If your request is accepted, you will go through a new asylum procedure which will follow the same steps as your last asylum application.
In case your last asylum procedure/s was finally rejected, you have the possibility to ask for toleration.
Toleration is granted to a person who has no right to stay in Romania, but who cannot leave Romania for objective reasons which do not depend on him/her. The first step is to submit a request for toleration to the General Inspectorate for Immigration. If accepted, you will be given permission to remain in Romania for 6 months, with the obligation to go periodically to the authorities to get a new visa. The permission to remain is granted for a particular county/area in Romania and any changes in your residence must be announced to the authorities.
This status is temporary, and it is not considered a good solution for the future.