If you received a return decision from the Romanian authorities, it is crucial to understand your options and the appeal process. 

Find out all you need to know from our lawyers, below!

Understanding the Return Decision

What It Means: A return decision typically indicates that your visa has expired, you did not obtain a residency permit, or you failed to submit your application on time.

Legal Obligations: When the Romanian Immigration Authority (IGI) or Border Police determines that your stay is illegal or that you missed the filing deadline for a residency permit, they are mandated by law to issue a return decision. This document will specify a timeframe within which you must leave Romania.

Contents of the Return Decision: The return decision will detail the reasons for its issuance, including what legal conditions you failed to meet. It may also impose a ban on your re-entry to the Schengen area.

Consequences of Non-compliance: If you do not leave Romania within the specified timeframe, you risk deportation by the immigration authorities.

If you find yourself facing a return decision, it is advisable to schedule a legal consultation with an immigration expert. They can provide tailored advice and guide you through the appeal process.

Steps to Appeal

Filing Your Appeal: You must file your appeal with the Court of Appeal designated for your county within 10 days of receiving the return decision. Failure to submit your appeal within this timeframe will likely result in rejection due to late filing.

Suspension of Obligations: Even if you file your appeal late, this action can temporarily suspend the obligations outlined in the return decision. You may legally remain in Romania until the court reaches a final decision on your appeal.

Presenting Your Case: In court, you will need to argue why you believe the return decision is unfounded. Certain strategies may help, such as demonstrating that you submitted your application on time but were given a late appointment for a physical submission due to the authority’s backlog.

Follow-ups with Authorities: If you made follow-ups with the Immigration Authority that went unanswered, this may support your case. Decisions issued without adequate communication can be challenged.

Misinterpretation of Facts: If the Immigration Authority has misunderstood the facts of your case, this could be grounds for annulment. For instance, return decisions are sometimes issued based on incorrect address information.

Final Considerations

Evidence Collection: During the 10-day appeal window, gather evidence and witness statements that support your claim of wrongful judgment. These documents will be essential for your case.