Annulment of a return decision

Legal defence in proceedings to annul a return decision

Annulment of a return decision is an urgent judicial procedure governed by Government Emergency Ordinance No. 194/2002, through which an obligation imposed by the General Inspectorate for Immigration to leave Romania may be challenged. The decision may concern expiry of the right of residence, refusal to extend residence for employment purposes, revocation of a visa or other circumstances provided for by law; documents required for employment are subject to a regime distinct from residence permits. The decision may also be accompanied by an entry ban, which must be assessed separately. A challenge to a return decision must be lodged within 10 days of notification, under Article 85. Do not delay checking the decision and proof of notification.

Suspension of enforcement, reliance on the right to private life and defence strategies

The first priority is lodging the challenge with the competent court of appeal and checking its effect on removal. Under Article 85, the challenge generally suspends enforcement of the return obligation, with exceptions for a foreign national who requested return before their unlawful stay was detected and for a person declared undesirable. This effect does not suspend immigration detention. On the merits, we analyse the grounds for return, compliance with procedure, residence documents, family ties and specific risks in the destination country. Article 8 ECHR and, where relevant, Article 3 ECHR must be supported by evidence, not merely cited formally. Additional suspension applications are selected according to the decision’s legal regime, without confusing prevention of removal with the grant of a new permit.

Legal assistance and representation in Romania

Receiving a return decision can affect your family, employment or investments in Romania. The Law Office of Basuc Cosmin assists with drafting the challenge and preparing evidence. Representation takes place before the court of appeal for the area in which the issuing immigration unit is located, while immigration detention is subject to the special rule designating the court of appeal corresponding to the accommodation centre, under Article 85. Contact us immediately to check the deadline, suspensive effect and legal options for protecting your residence.