Processing the asylum application
The asylum application is solved on the basis of the documents existing in the applicant’s file and of the reasons given by the applicant, which are analyzed in relation to the concrete situation of the country of origin and the credibility of the applicant.
In processing the asylum applications of minor asylum seekers the officials must take into account their degree of intellectual development and their maturity.
In processing asylum applications of injudicious asylum major asylum seekers their statements will be valued taking into account the extent to which their judgement is affected.
Renunciation of the asylum application
There are two forms of renouncing the asylum application:
- Explicit waiver, when the foreigner expressly requests the renunciation to the competent structure responsible for examining the asylum application;
- Default waiver, when the applicant fails to attend on the date set for the preliminary interview or on the date of the interview determining the international protection and doesn’t offer good reason for his absence.
In case of default waiver, the competent official drafts a report noting the failure to attend the interview.
In case of renunciation (implicit, explicit) of the asylum application, the competent official shall issue a decision closing the file, which is communicated to the applicant and which is not subject to appeal.
In case of implicit waiver, the decision to close the file will be issued after the lapse of 30 days from the finalization of the report mentioned above.
The asylum procedure is completed on the date of communication of the decision to close the file.
The deadline for answering the asylum application:
The official competent to settle the asylum application issues their decision within 30 days after taking over the case. If the settlement of the asylum application requires additional documentation, the time limit shall be extended by cumulative periods not exceeding 6 months. In the situations provided by law, the term may be extended by cumulative periods not exceeding 9 months, and in exceptional cases these terms may be extended by a maximum of 3 months.
The term is suspended during the process of determining the Member State responsible for examining an asylum application or, where appropriate, during the procedure of the safe third country.
In the case of unaccompanied minor asylum seekers, the term shall be suspended until the appointment of the legal representative.
Settlement of the asylum application
The specially designated official issues a decision, whereby they:
- recognize refugee status; or
- grant subsidiary protection; or
- reject the asylum application.
The decision to grant subsidiary protection comprises the reasons for the denial of the refugee status.
The decision to reject the asylum application contains adequate reasons for each form of protection as well as the indication on the obligation to leave Romania. The foreigner has the obligation to leave Romania within 15 days after completion of the asylum procedure, unless the application for asylum was rejected as manifestly unfounded after its settlement in accelerated procedure, in which case the foreigner is obliged to leave the Romanian territory once the asylum procedure is completed.
The processing of the asylum applications is performed by specially appointed officials who function as decision officers and are university graduates with bachelor’s degree in Law and have specialized knowledge in the field of asylum.