Removal under escort requires the accompanying by specialized staff of the General Inspectorate for Immigration to the border or to the country of origin, transit or destination of the following categories of foreigners:
a) who did not execute an obligation of voluntary return from Romania, after the expiry of the deadline for voluntary departure
b) who present a risk to circumvent the voluntary execution of the obligation to return, even before expiry of the deadline for voluntary departure
c) who have crossed or tried to illegally cross the state border
d) who have been declared undesirable
e) who entered Romania during a previously ordered ban
f) those illegally staying whose identity could not be established
g) whose asylum procedure has been completed or have renounced it and did not respect the obligation to leave the territory of Romania such as established by asylum law
h) whose conduct determines reasonable suspicion that they intend to evade the voluntary execution of the obligation to return
i) against whom the accessory respectively complementary penalty of prohibition of the right of the stranger to be on Romanian territory has been ordered under the Criminal Code
For the foreigners referred to at points c) -h) a decision to be returned under escort is issued.
The decision to return under escort can be appealed at the Court of Appeal from the territorial jurisdiction of the area where the accommodation center is located, within 3 days from the date of communication. The court shall settle within five days, its decision is final and irrevocable. Challenging the decision to return under escort suspends the enforcement of the measure of removal, unless the foreigners were declared undesirable.
Challenging the return decision made by foreigners in detention measure does not suspend the detention.
When there are serious indications that escorted removal cannot be performed within 24 hours, the foreigner will be taken into public custody. Foreigners in detention are housed in specially fitted closed centers. In Romania there are at the present moment two such centers, located in Otopeni and Arad. The centers are built and organized in order to provide proper accommodation, food, medical assistance and personal hygiene for the accommodated persons. They operate under a regulation approved by minister.
The expenses for the removal from the Romanian territory of foreigners who have the financial means will be supported by them.
Simultaneously with the execution of the removal under escort measure, the General Inspectorate for Immigration may decide, under the law, the prohibition of entry in Romania for a limited period of time.
The measure of return of the foreigners is prohibited in the following cases:
a) the foreigner is a minor and his parents have the right to stay in Romania
b) the foreigner is a parent of a child who has Romanian citizenship, if the minor is in its charge or if there is the obligation to pay alimony, and the foreigner meets that obligation regularly
c) the foreigner is married to a Romanian citizen or a foreigner who has a long term right to stay in Romania, and the marriage is not a marriage of convenience
d) the foreigner has exceeded the age of 65
The mentioned persons may be granted or, if necessary, extended the right to stay in Romania by the General Inspectorate for Immigration, for one of the abovementioned purposes and under the law, without prior obligation to obtain a long-stay visa.
The obligation to return is suspended during the period in which the General Inspectorate for Immigration finds the incidence of one of the following situations:
a) removal under escort can be achieved only to a state against which there are justified fears that the foreigner’s life is in danger or that he will be subjected to torture, inhuman or degrading treatment
b) the foreigner’s health makes it impossible to carry out the removal under escort
c) the foreigner is the parent of a minor attending a state or private educational institution, accredited or provisionally authorized by law, and the school year is underway
d) the foreigner is married to another foreigner who has a temporary residence permit or permission to remain on Romanian territory, and the marriage is not a marriage of convenience
e) the foreigner is in a situation where under criminal law they are not allowed to leave Romania.
Are excepted from this provision, foreigners that constitute a danger to public order, national security or suffering from a disease that threatens public health and refusing to obey measures established by medical authorities.