According to Romanian legislation, the General Inspectorate for Immigration (IGI) has the authority to order the return of foreign nationals who are in situations of illegal stay in Romania. These measures are regulated by Emergency Ordinance no. 194/2002 regarding the regime of foreign nationals, which outlines in detail the conditions and procedures for their return.
When is the Return Order Issued?
A return order for a foreign national may be issued when the IGI finds that the individual is in one of the following illegal stay situations:
- Illegal entry into Romania: The foreign national attempted to cross the border illegally or entered Romania during a period of prohibition.
- Failure to comply with entry conditions: The foreign national does not meet the entry requirements established by the Schengen Borders Code or other relevant legislation.
- Expired stay period: The foreign national's right of stay has expired or been canceled.
- Termination of temporary protection: Individuals benefiting from temporary protection who do not have another right to stay.
- Refusal of international protection: A foreign national whose asylum application has been rejected.
If the foreign national does not leave Romania within the specified period, IGI may issue a return decision.
Exceptions and Prohibition of Return
There are important exceptions to return measures, such as:
- Foreign minors who have parents with the right to stay in Romania.
- Foreign nationals who are parents of a Romanian minor or who have maintenance obligations towards such a minor.
- Foreign nationals married to Romanian citizens or individuals with long-term residence rights.
- People over 65 years of age.
These exceptions apply only under certain conditions and may be revoked if family or health situations are not properly verified.
Return Decision
The return decision is the administrative act through which the illegal stay is determined and the obligation to leave is established. In cases where the foreign national is at risk of evading return, the measure may also include removal under escort.
The return decision is drafted in writing in two copies, each in Romanian and a widely spoken international language, and contains the factual and legal reasons, as well as information regarding possible legal remedies. Upon request, the IGI is obligated to provide the foreign national with a written or oral translation of the main elements of the return decision, including information regarding possible remedies, in a language that the individual understands or is reasonably assumed to understand.
Technical Measures and Communication Procedure
In accordance with European regulations, foreign nationals against whom a return is ordered are fingerprinted and photographed to ensure the effective implementation of return measures.
Regarding communication, it is important to note that the General Inspectorate for Immigration is required to communicate a copy of the return decision either by private signature delivery or by postal mail with a receipt confirmation to the address declared by the foreign national as their residence.
Appeal
The foreign national may appeal the return decision within 10 days from the communication of the decision, and the court must resolve the appeal within 30 days. In some cases, appeals may suspend the execution of the return decision, providing additional time to clarify the situation.
The return procedure for foreign nationals from Romania is rigorously regulated to protect public order and national security while respecting the fundamental rights of foreign nationals. It is essential that the individuals involved are aware of their rights and are properly informed about legal procedures, including the possibility of appealing the return decision.
For a better understanding of the return procedures and to avoid any legal uncertainties, it is recommended that affected individuals consult a lawyer specialized in immigration law.
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