Did you receive a return decision? You can appeal the return decision within 10 days from the time the return decision was communicated to you. Are you facing challenges related to illegal stay, return decisions, deportation orders, or detention? Don’t tackle this complex process alone! Our team of migration experts is ready to assist you in resolving your issues quickly and effectively.
RETURN DECISION
The return decision is an administrative act issued by the General Inspectorate for Immigration or its territorial units, through which foreign nationals are required to leave the territory of Romania.
A return decision is issued to foreign citizens in the following situations:
a. At their request, when their stay in Romania has become illegal;
b. When they are found to be staying illegally;
c. To former asylum seekers whose asylum procedure has been completed or who have withdrawn their request;
d. In case of revocation or cancellation of the right of residence;
e. Upon revocation or cancellation of the entry visa to Romania.
The deadlines by which foreigners who have been issued a return decision must leave the territory of Romania begin from the date the decision is communicated and brought to the foreigner’s attention, in accordance with the provisions of the present emergency ordinance.
A return decision can be challenged within 10 days from the date of communication before the Bucharest Court of Appeal, if issued by the General Inspectorate for Immigration, or before the court of appeal within the jurisdiction of the territorial unit that issued the return decision.
The court will rule on the request within 30 days from the date of receipt. The court’s decision is final and irrevocable. A legal appeal filed within the given timeframe against the return decision suspends the enforcement of the removal measure.
Foreign nationals who fail to comply with the return decision or do not voluntarily leave the territory of Romania may be subject to forced removal under escort.
Seek legal advice immediately, our team is ready to help!
The right and a fast approach could make all the difference in securing the future in Romania!
Catalina Staniu-Immigration Lawyer
The return decision which is communicated to you must be drafted in Romanian and English and sometime along with this administrative paper, immigration authorities have also to issue a five-language paper to inform your right to appeal the return decision.
If you appeal the return decision, the competent court can cancel this order to leave Romanian territory, so you can avoid deportation to your country of origin.
Sometimes within return decision an entry ban (interdiction) will be issued. It is also important to know that this entry ban can be appealed together with the return decision or separated. Sometimes the entry ban is communicated separately.
In some conditions, you may be detained (public custody) to be returned (deported) in your country of origin. Detention is lawful only when a prosecutor’s order is issued. This ordinance can also be appealed and you can be released from the detention center (public custody center).
In some conditions, when you are in detention, and you are outside the term of appeal against the prosecutor’s ordinance, you can also draft a request to be granted with toleration. If the immigration authority decision is negative, you can appeal this negative decision and the court can free you from detention.
In some conditions when you have illegal stay but for different reasons you cannot go back to your home country, you can be granted from the beginning with toleration on Romanian territory.
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