Although you asked for asylum in Romania, it might be that another country is responsible for examining your request for asylum.
Why do I have to return to the first country where I asked for asylum?
This is because according to European law, only one country can be responsible for deciding on your application. This is established in a law called the “Dublin Regulation”, which is applied in 32 so-called “Dublin countries”, including in Romania. These countries are the 28 European Union countries (Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom, as well as 4 countries “associated” to the Dublin Regulation (Norway, Iceland, Switzerland and Liechtenstein).
How is it decided if I have to return to another country?
As part of the asylum procedure, the General Inspectorate for Immigration (GII, or IGI in Romanian) is first required to establish whether they are responsible for examining your asylum application or whether another country is responsible. Therefore, GII/IGI will verify if you have applied for asylum in other Dublin country, if you have a residence permit valid in another Dublin country, or if you have a visa for another Dublin country. If that is true, and the other state accepts to examine your asylum application, you may have to return to that country.
The same procedure applies also if you leave Romania and apply for asylum in another Dublin country – it is very likely you will have to return to Romania.
How does the Dublin procedure work?
If GII/IGI believes that another Dublin country may be responsible for your asylum application, they will stop examining your case and contact the other country to ask the authorities there to assume responsibility. You will be informed if the so-called “Dublin procedure” is initiated in your case. You have the right to submit any documents you may consider relevant if you believe your asylum application should still be examined in Romania.
GII/IGI will then issue a decision stating whether you will be transferred to the respective Dublin country or whether your asylum application will be examined in Romania.
Is the decision to transfer me to another Dublin country final?
You have the right to complain against the transfer decision before the Court, within the deadline mentioned in the decision which you will receive. The decision of the court will be final. At registration you will be given an information material with details about the Dublin procedure. Please read it carefully or ask GII/IGI or an NGO if you need more information.
You have the right to be assisted by your lawyer, an NGO or UNHCR at any time of the Dublin procedure.
How can the Dublin Regulation help me?
The Dublin Regulation may also help close family members, who find themselves in different Dublin countries, to reunite. For example, if you are an adult and your spouse or minor children are in another Dublin country as beneficiaries of international protection or as asylum-seekers. Or if you are below the age of 18 and a member of your family (parent, brother/sister, uncle/aunt, grandfather/grandmother) is legally staying in a Dublin country.
Therefore, it is very important to inform GII where your family members are. You should also submit any documents which might prove the family links. Be careful! The Dublin procedure can only be initiated before the General Inspectorate for Immigration issues a decision on your asylum application.