Law No. 15 Of 2 April 1996 On The Status And Regime Of Refugees In Romania

Original Language Title:  LEGE nr. 15 din 2 aprilie 1996 privind statutul şi regimul refugiaţilor în România

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LAW No. 15 of 2 April 1996 on the status and regime of refugees in Romania'S PARLIAMENT ISSUING published in MONITORUL OFICIAL NR. 69 of 5 April 1996 the Romanian Parliament adopts this law.


Chapter 1 General provisions Article 1 In Romania refugee status shall be granted, on request, a masked stranger who turns out as in his home country has justified fears of being persecuted for reasons of race, nationality, religion, membership of a specific social group or for his political opinions.
The term country of origin, in the case of a person who holds multiple citizenships, means each country whose citizen he is, and if a person without citizenship, the country in which it is domiciled.
Foreigners who obtain refugee status in Romania is the Romanian legislation and the international conventions relating to the status of refugees, to which Romania is a party.


Article 2 refugee status may be granted for humanitarian reasons and which does not meet the conditions of a masked stranger. 1 (1). 1. Article 3 shall be granted refugee status, on demand, and the wife or, where appropriate, the spouse and minor children of refugees, except that these categories of persons is situated in one of the situations referred to in article 1. 4 Article 4 cannot be granted refugee status: Peste) has committed a crime against peace or humanity or a crime within the meaning of the international conventions to which Romania is a party;
  

b) committed in Romania, with intent, before or after requesting the granting of refugee status, a crime for which the law stipulates a prison sentence exceeding three years, or illustrious, in addition, a serious non-political crime;
  

c) has committed acts that are contrary to the Charter of the United Nations or the international treaties and conventions relating to refugees, to which Romania is a party;
  

d) has several citizens and, without a real reason, good reason, has not sought the protection of one of the countries whose citizen is;
  

e) presents, by his behaviour or by membership in a particular organization or group, a threat to national security or public order in Romania.
  


Article 5 during the period of armed conflict in which Romania is employed may not grant refugee status to persons who originate from areas of conflict, both as opportunities permit and for a period determined. The Government establishes the necessary measures to solve such situations and subjecting them to Parliament for approval of emergency.


Chapter 2 Procedure of granting refugee status to Foreigners requesting Article 6 granting refugee status in Romania will address with a reasoned written request, either a diplomatic mission or a consular post, either by the General Directorate of border police, aliens, migration issues and passports or its territorial bodies.
Where the application is submitted to an organ of the border police, the foreigner is authorized to possess between in Romania if documents for crossing the border and visa needed, and failing that, if it arrives directly from the territory where their lives or freedom are threatened within the meaning of art. 1. The time limit for filing the application for the granting of refugee status shall be 10 days from the date of entry into the country, but not later the visa expires.


Article 7 in the case of a minor, that does not save the Kingdom has reached the age of 14 years, the formalities for the granting of refugee status will be met by the legal representative.


Article 8 After receiving a request for the grant of refugee status, the General Directorate of border police, aliens, migration issues and passports or its territorial bodies shall examine the document submitted by the applicant for crossing the border and issue him a certificate which you place temporary identity document in Romania.
The application for the granting of refugee status submitted to the diplomatic mission or consular office of Romania abroad shall be sent by the General Directorate of border police, aliens, migration and issues passports, issuing temporary identity document of the person concerned.
If the applicant does not have the necessary material means, the organ which was filed request determines the place of residence and shall issue a document establishing that the person concerned should be able to travel free of charge to the place in question. In this situation, the duration of the procedure for the resolution of the request for the granting of refugee status, the applicant shall provide the necessary assistance for maintenance.
For reasons which are justified by the protection of public interest, national security, public safety, public order, protection of public health and morality, protection of the rights and freedoms of other individuals-even if the foreigner has the necessary material means for maintenance of body-the General Directorate of border police, aliens, migration issues and passports, on which the application was filed, can establish a place of residence and may provide transportation with attendant in that place.


Article 9 the applicant Interviewing and analysis of the reasons invoked for the granting of refugee status are a matter for a Commission appointed by the Government and made up of representatives of the Ministry of Internal Affairs, Ministry of Foreign Affairs and the Ministry of labour and social protection. The work of the Commission may assist the representative in Romania of the U.N. High Commissioner for refugees Dan Savage.
The bodies referred to in article 1. the Commission will submit, 6 within 10 days, the application for the granting of refugee status or resolution of the case useful.
The work of the Commission and secretariat are provided by the Office for refugees within the General Directorate of border police, aliens, migration issues and passports.
The Commission shall decide on the acceptance or rejection of the application within 30 days following receipt thereof.


Article 10 Foreigners applying for refugee status, until the settlement of its claim, has the following obligations: a) to submit, in writing, on a reasoned request with the data indicated on the organ in lodging the complaint;
  

b) to hand over the document for crossing the border, and will accommodate the Act referred to in article 1. 8 para. 1;
  

answer to q) callings in the bodies granting refugee status and to provide information about the real person, and at his request;
  

d) not to leave the place of residence without the authorization of the body that submitted the application or the Commission under article 4. 9;
  

e) to undergo the medical examinations shall be established;
  

f) to have a correct and civilized conduct and respect the laws of the State and the measures ordered by the Romanian competent bodies in the field of refugees.
  

The foreign national, an applicant for refugee status, pending resolution of the request, be entitled to temporary identity document, providing transport to the place of residence and assistance needed for maintenance, under the conditions laid down in article 21. 8. In article 11 the Commission shall reject the application for the granting of refugee status if the applicant does not comply with the conditions specified) at art. 1 (1). 1;
  

b) find themselves in one of the situations referred to in article 1. (4);
  

c) does not provide, in bad faith, all data and information necessary for the competent bodies to settle the Romanian application;
  

trying to get d) refugee status present data or erroneous information;
  

e do not comply with the obligations laid down) at art. 10;
  

f) has granted refugee status by another country to which the application cannot invoke the provisions of article 7. 1 (1). 1. Article 12 admission or rejection of the application for granting the refugee status shall be made by reasoned judgment, which shall be communicated without delay to the applicant. The communication shall be made in writing.


Article 13 the Commission decision may be appealed by the holder with the opposition demand for the granting of refugee status within 10 days of receipt.
The opposition procedure shall be the judge of the District Court of emergency within which is established by the Commission or by the Court in whose territory he resides the opposing. The opposition is in full two judging judges, with the participation of the Prosecutor.
Against the sentence of the Court, the opposing attorney or may appeal within five days as of the pronouncement-for those present at the judgement-or-for those who lack communication. The judgment in appeal is final and irrevocable.
At the request of the opposing party the Court may order the secret meeting.
The opposing party may be assisted or represented by a lawyer and i ensure by the Court, free of charge, an interpreter.
The procedures provided for in this law shall be exempt from stamp duty.


Article 14 After the final judgment of the lag which rejected the application for the granting of refugee status to the person concerned, if this remains the territory of Romania shall be subject to the provisions of the law on aliens in Romania.
A new application for granting refugee status may be filed only where disappeared the reasons for the rejection of the request.


Chapter 3 rights and obligations of refugees Article 15 refugee status confers the following rights: (a) the beneficiary) to remain on the territory of Romania and to obtain the appropriate documents to prove identity and for crossing the border;
  


b) to choose their place of residence and to move freely, under the conditions established by law for foreigners;
  

c) to be employed by natural or legal persons, to exercise the profession, to carry out acts of trade and other legal acts in accordance with the law;
  

(d)) to be paid and to benefit from other rights arising out of materials, activities, and social security, in accordance with the law;
  

e) to follow primary education under the conditions established by law for Romanian citizens and other forms of education under the same conditions established for foreign citizens;
  

f) to benefit from a treatment as favourable as that accorded to Romanian citizens regarding the freedom to practice one's own religion and religious instruction of his children;
  

g) access to courts and administrative assistance;
  

h) not to be expelled or returned for reasons of national safety or public order, and when these measures are available to them, the cause may not be sent to territories where their lives or freedom would be threatened for reasons of race, religion, nationality, membership of a particular social group or political opinion;
  

I) to receive, upon request, within the limits of availability of State financial aid, determined at the level of a refundable minimum wages across the economy, for a period not exceeding six months if, for objective reasons, is deprived of the means of existence. For reasons duly substantiated, such aid may be granted for a period not exceeding 3 months.
  


Article 16 the beneficiary refugee status has the following obligations: a) to know and abide by the Constitution of Romania, the laws and other regulations issued by the Romanian authorities;
  

(b)) to have a correct and civilized conduct, to comply with measures established by the Romanian competent bodies with regard to refugees and to respond to their requests;
  

c) to avoid any conflicting States challenge or incidents with the population, or committing acts that may prejudice the criminal law;
  

d) to submit to the rules governing the legal status of foreigners, to the extent that the law provides otherwise;
  

e) to reimburse aid received under art. 15 (a). I), if he realized that permit revenue, without affecting its upkeep and his family. Amounts repaid shall be made to the State budget income.
  


Chapter 4 Withdrawal and cancellation of refugee status refugee status, article 17 will be withdrawn save in one of the following situations: a) has regained its own will, through lost citizenship or acquired a new nationality and enjoys the protection of the country whose citizen he became;
  

b) has regained its own will, through the protection of his country of origin;
  

c) was restored, by his own will, in the country which he left due to a fear of persecution, as provided for in art. 1 (1). 1;
  

d) can benefit from the protection of the country whose citizen he is, since the reasons for granting refugee status have ceased to exist, even within the time limit laid down by article. 22;
  

e) has no citizenship and may return to the country in which it is domiciled, since the reasons which underlie the granting of refugee status have ceased to exist;
  

f) dropped out, in writing, in person or, in the case of a minor under 14 years of age, or the legal representative, of that status;
  

g) was approved to establish domicile in Romania or has been granted Romanian citizenship.
  


Article 18 refugee status may be revoked if: a) this Statute was made on the basis of false declarations of the applicant or obtained by him fraudulently;
  

b) after the grant of refugee status, the illustrious foreigners one of conduct referred to in article 1. four times it has been found that such an illustrious deed prior to final judgment by lag that has been granted this status.
  


Article 19 Withdrawal and cancellation of refugee status shall have the Commission decision referred to in article 1. 9, at the initiative of the General Directorate of border police, aliens, migration issues and passports.
Such measures take effect with regard to the family members of the person to whom they have been prepared.


Article 20 the provisions of art. 12, 13 and 14 shall apply accordingly in the event of the withdrawal or cancellation of refugee status.


Article 21 Foreigners who withdrew or was annulled refugee status will be treated according to the legal provisions concerning the legal status of foreigners in Romania.
It will not be able to be sent into the country where life or freedom would be endangered for reasons mentioned in article 10. 1 (1). 1. it shall be exempt from the provisions of paragraph 1. 2 foreigners which was annulled refugee status and who, through his deeds, threatening times threaten with endangering national safety or public order in Romania.


Chapter 5 final provisions Article 22 refugee status is granted for a period of 3 years from the date of approval of the application. The extension of this status may be requested, reviewed and resolved under the same conditions as the original application. The extension may be granted for a period of 2 years from the date of cessation of refugee status granted.
Foreigners who, after the cessation of refugee status remain in Romania, will be treated according to the legal provisions concerning the legal status of aliens.


Article 23 procedure for granting refugee status applies to aliens who have obtained permission to reside on the territory of Romania, for the reasons set out in art. 1 (1). 1 prior to the entry into force of this law.


Article 24 the personal status of refugee is governed by the law of the country where he has his domicile or, in the absence of such an address, the law of the country where he resides.


Article 25 the Ministry of Interior may approve the refugee claimant, during his stay in Romania, depending on the degree of its integration in society, establishing domicile in Romania according to the law on the regime of aliens in Romania.


Article 26 the amounts covering the costs of the application of art. 15 (a). I) of this law shall be allocated to the Ministry of labour and social security, on the basis of fundamentarilor, from the budget reserve fund at the disposal of the Government in the first year of application of this law; further, the funds required will be covered by the State budget.


In implementing article 27 of this law shall set up, under the control of the Ministry of Interior, reception centres, sorting and accommodation of people requesting refugee status.
Money funds necessary for establishment and functioning of the centres, and to cover the expenses incurred by the procedures of granting refugee status, ensuring the State budget will be allocated to the Ministry of the Interior.


For the purposes of article 28 of this law, the Government will issue a ruling within 30 days of the publication of this law in the Official Gazette of Romania.


Article 29 this law shall enter into force 30 days after its publication in the Official Gazette of Romania.
This law was adopted by the Senate at its meeting on 29 February 1996, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. RADU VASILE, SENATE CHAIRMAN this law was adopted by the Chamber of deputies at its meeting of 7 March 1996, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
PRESIDENT Of The CHAMBER Of DEPUTIES ADRIAN NASTASE — — — — — — — — — — —