Learn what you can to do next depending on the decision received from the General Inspectorate for Immigration on your asylum application.
A. Positive decision: Refugee Status or Subsidiary Protection
What does this mean?
This means you will receive protection in Romania. You are granted the “refugee status” or the “subsidiary protection” for an indefinite period of time, until the reasons for which you received protection no longer exist. You may hear people also referring to you as a “beneficiary of international protection”.
What rights will I have?
There are not many differences between “refugee status” and “subsidiary protection”. You will receive a residence permit valid for a limited period of time, with a possibility of extension. You will have the same rights (things you can do, like going to school and receiving medical care) and obligations (things you must do, like respecting certain rules) as Romanian children.
You can also participate in the “state integration programme” meant to support your stay and integration in Romania. You will have to enrol in time in order to benefit of this specific programme.
Talk as soon as possible with your legal representative, the integration officer at the Regional Centre or the NGOs in order to find out what you can do now that you have protection in Romania and how they can help you.
If you wish to, you also have the possibility to complain against the decision to receive subsidiary protection. In this case, a court will decide to either maintain the subsidiary protection, cancel it, or grant you refugee status. Do not rush into a decision. Discuss with your legal representative and an NGO legal counselor your specific situation and available options.
Can I bring my family to Romania?
If you wish to reunite in Romania with certain family members currently living outside the country, you can do this through a procedure called “family reunification”. Tell your legal representative and the integration officer about your family as soon as possible.
You can find out more information about this procedure in the leaflet below (produced by the Romanian National Council for Refugee/CNRR).You can also contact CNRR for counselling.
B. Negative decision
How can I complain against the negative decision?
You can complain against the negative decision received from the General Inspectorate for Immigration (GII, or IGI in Romanian) with the help of your legal representative. 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. Discuss the options available with your legal representative as soon as possible, as you can complain about the negative decision only for a few days (10 days after you were informed of the decision).
What will happen in court?
After your complaint is sent to the court, your legal representative will be informed of the date and time when you have to present yourself in court. You should also ask for legal assistance from NGOs. A lawyer will also help you during the court procedure. In court (in Romanian: Judecătorie) you will be able to explain your situation to a judge, with the help of an interpreter. It is most likely you will need to go to court several times before you receive a decision.The judge will issue a decision after analyzing the documents and your statements.
If the first court decides to grant you “refugee status” or “subsidiary protection”, GII may challenge this decision at a second court. If the first court decision is negative, this time you will be able to complain only within 5 days after the court issued the decision. It is very important you stay in touch with your legal representative or lawyer in order not to miss these deadlines.
The second court (in Romanian: Tribunal) may decide either to grant you protection or to reject your application. The decision issued by the second court (in Romanian: Tribunal) is final and irrevocable. This means it can not be changed by any other authority and your asylum procedure is finished.
What happens after I receive a final negative decision?
Asylum-seekers who receive a final negative decision from the second court usually have 15 days in order to leave Romania. However, special procedures apply to unaccompanied children. You will stay in a special centre for children and adolescents until the authorities identify your parents or other family members willing to take care of you, and it is considered that this is the best for your.
Can I apply again for asylum?
You have the possibility to apply for access to a new asylum procedure with the General Inspectorate for Immigration. However, such a request is approved only if you present new reasons why you left your country and why you are afraid to return back. You would also have to explain why you did not talk about these reasons in your previous asylum procedure. It may also happen that important changes took place in your country after the previous asylum procedure finished and these changes might have serious consequences on you situation. If your request is accepted, you will go through a new asylum procedure. Your legal representative and NGOs can advise you on this option.