Acceptance or rejection of the asylum application is done by the decision, which is immediately communicated in writing to the asylum seeker:
- – through direct communication by the representatives of the General Inspectorate for Immigration (IGI); or
- – by mailing to the last declared residence of the asylum seeker, accompanied by acknowledgement of receipt;
- – In case that the communication of the IGI decision is not possible directly or through mail with acknowledgement of receipt, it will be done by displaying, at the office of the IGI structure specialized in asylum issues which issued the decision, a note which will include : number of the temporary identity document of the applicant (which is the same as the IGI file number), the number and date of the decision, the solution to the asylum application, the deadline for the submission of the complaint and the court competent to hear it, in case of decision rejecting the application, as well as the date of the displaying. This information note will be displayed throughout the legal term for filing a complaint against the judgment of IGI, which is considered to be communicated on the date of display of the note.
The deadline for filing the complaint against the decision of IGI will be calculated from the date of the communication(whether it was done directly / through mail with acknowledgement of receipt / by displaying the information note);
The grounds for granting a form of protection are not communicated.
Ways of appeal under the ordinary procedure:
- Complaint, which is filed at the territorial structures specialized in asylum issues of the General Inspectorate for Immigration or at the competent court, within 10 days of the judgment;
- Appeal within 5 days from the judgment of the court.
Competent courts: The complaint falls within the competence of the court in whose jurisdiction functions the competent structure of the General Inspectorate for Immigration that issued the decision. The appeal falls within the competence of the courthouse – the contentious-administrative section – in whose jurisdiction is the court whose decision is being appealed.
If the asylum seeker lodges appeals within the statutory period, they will have the right to remain on Romanian territory during settling of their claim by the courts.