Time application for asylum
(1) The asylum application is lodged once:
a) the applicant presented himself at a checkpoint for crossing the state border;
b) the applicant entered the territory;
c) events occurred in the applicant's country of origin, which causes him to seek protection for foreigners with residence in Romania.
(2) Requests for asylum made outside Romania are not allowed.
(3) The competent authorities may not refuse to accept the application for asylum on the grounds that it was submitted late.
The power receiving asylum applications
The competent authorities receive an application for asylum are:
a) structures the Romanian Immigration Office;
b) Romanian Border Police structures;
c) structures of the Romanian Police;
d) the structures of the National Penitentiary Administration of the Ministry of Justice.
In determining the condition relating to the persecution, the competent authorities shall take into account the documents and facts that:
a) be sufficiently serious by their nature or because of their inclusion in a systematic practice, and because of their recurrence, that they constitute a serious violation of fundamental human rights, especially the rights from which there may be no suitable exemptions art. 15 para. 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950, ratified by Law no. 30/1994; or
b) form a diverse range of measures, including violations of human rights that are serious enough to affect a person to the same extent provided in subparagraph a).
(2) The acts and deeds provided in par. (1) can be considered to represent persecution if they were caused by grounds such as race, nationality, religion, membership in a particular social group or political opinion, whether they are real or were attributed to the person concerned by the agent exercises persecution .
(3) Acts of persecution, which can be qualified as such under par. (1) may take the form of:
a) acts of physical or mental violence, including acts of sexual violence;
b) legal, administrative, police and / or judicial measures which are discriminatory or applied in a discriminatory manner;
c) prosecution or punishment disproportionate or discriminatory;
d) impossibility retrial following a discriminatory or disproportionate punishment;
e) prosecution or punishment due to the refusal of military service in case of conflict, when military service would involve committing crimes or acts falling under the exclusion cases referred to in art. 25 para. (1) of the Act;
f) abuses or acts of gender-specific discrimination and abuses or acts of discrimination specific to children.
The reasons for persecution:
In order to establish grounds for persecution must be taken into account:
a) where the concept of race in particular considerations of color, descent, or membership of a particular ethnic group;
b) where the concept of religion, in particular orientation theistic, non-theistic and atheistic beliefs, participation or not in formal rites in public or private, either alone or with others, other religious acts or expressions of beliefs or forms based personal conduct or common or imposed by a particular religion;
c) if the concept of nationality, membership of a group determined by its cultural, ethnic, or linguistic, geographical or political origins or common relationship he has with the population of another State, not restricted to the notion of citizenship times statelessness;
d) if a social group, membership in; a group is considered to be a particular social group, particularly when:
(1)
members of that group have innate characteristics common past that can not be changed, or traits or beliefs that are fundamental to that person's identity or conscience, reason can not be forced to renounce it;
(2)
the group has a distinct identity in the country because it is perceived as being different from the rest of society;
(3)
depending on the circumstances in the country of origin, a particular social group might include a group based on common characteristic of sexual orientation. Sexual orientation can not determine a social group for purposes of this article when specific actions are criminal sexual orientation Romanian law. Aspects of nature may be included in the concept of sexual orientation, provided not only the reason of this article;
e) where the concept of political opinion, in particular, have an opinion on a particular issue, of possible agents of persecution, referred to in art. 11 and their policies or methods, whether or not this view was expressed by the applicant.
Actors of persecution :
In assessing the documents and facts of persecution, the competent authority will consider whether they come in particular from the following agents of persecution:
a) the State;
b) parties or organizations controlling the State or a substantial part of the territory;
In determining the condition relating to the persecution, the competent authorities shall take into account the documents and facts that:
a) be sufficiently serious by their nature or because of their inclusion in a systematic practice, and because of their recurrence, that they constitute a serious violation of fundamental human rights, especially the rights from which there may be no suitable exemptions art. 15 para. 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950, ratified by Law no. 30/1994; or
b) form a diverse range of measures, including violations of human rights that are serious enough to affect a person to the same extent provided in subparagraph a).
(2) The acts and deeds provided in par. (1) can be considered to represent persecution if they were caused by grounds such as race, nationality, religion, membership in a particular social group or political opinion, whether they are real or were attributed to the person concerned by the agent exercises persecution .
(3) Acts of persecution, which can be qualified as such under par. (1) may take the form of:
a) acts of physical or mental violence, including acts of sexual violence;
b) legal, administrative, police and / or judicial measures which are discriminatory or applied in a discriminatory manner;
c) prosecution or punishment disproportionate or discriminatory;
d) impossibility retrial following a discriminatory or disproportionate punishment;
e) prosecution or punishment due to the refusal of military service in case of conflict, when military service would involve committing crimes or acts falling under the exclusion cases referred to in art. 25 para. (1) of the Act;
f) abuses or acts of gender-specific discrimination and abuses or acts of discrimination specific to children.
The reasons for persecution:
In order to establish grounds for persecution must be taken into account:
a) where the concept of race in particular considerations of color, descent, or membership of a particular ethnic group;
b) where the concept of religion, in particular orientation theistic, non-theistic and atheistic beliefs, participation or not in formal rites in public or private, either alone or with others, other religious acts or expressions of beliefs or forms based personal conduct or common or imposed by a particular religion;
c) if the concept of nationality, membership of a group determined by its cultural, ethnic, or linguistic, geographical or political origins or common relationship he has with the population of another State, not restricted to the notion of citizenship times statelessness;
d) if a social group, membership in; a group is considered to be a particular social group, particularly when:
(1)
members of that group have innate characteristics common past that can not be changed, or traits or beliefs that are fundamental to that person's identity or conscience, reason can not be forced to renounce it;
(2)
the group has a distinct identity in the country because it is perceived as being different from the rest of society;
(3)
depending on the circumstances in the country of origin, a particular social group might include a group based on common characteristic of sexual orientation. Sexual orientation can not determine a social group for purposes of this article when specific actions are criminal sexual orientation Romanian law. Aspects of nature may be included in the concept of sexual orientation, provided not only the reason of this article;
e) where the concept of political opinion, in particular, have an opinion on a particular issue, of possible agents of persecution, referred to in art. 11 and their policies or methods, whether or not this view was expressed by the applicant.
Actors of persecution :
In assessing the documents and facts of persecution, the competent authority will consider whether they come in particular from the following agents of persecution:
a) the State;
b) parties or organizations controlling the State or a substantial part of the territory;
c) non-State actors, if staff referred to in subparagraph a) and b), including international organizations, are unable or unwilling to provide protection against persecution or when they assume or tolerate acts of non-state agents.
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