Article 56 of Law no. 200/2010 on the regime of foreigners in the Republic of Moldova prohibits informing the foreigner declared an undesirable person, on the data and information that were the basis for the decision. The law also maintains this prohibition for the phase of the examination in court of the complaint of the decision regarding the declaration of the foreigner as an undesirable person. The decision regarding the declaration of the foreigner as an undesirable person can be appealed by him in court, within 5 working days from the date of communication. The lawsuit does not have the suspensive effect of executing the decision on declaring the foreigner an undesirable person. The case regarding the complaint of the decision to declare the foreigner an undesirable person is examined within 30 days from the date of receipt. The decision of the first instance is final and enforceable, but can be appealed in the Court of Appeal. In justified cases and in order to prevent the occurrence of imminent damages, the court may, at the request of the plaintiff, order the suspension of the execution of the decision until the resolution of the action on the merits. The court will urgently examine the request for suspension, the decision rendered in this case being legally enforceable. In the practice of the LCA, there have been situations where, at the initiative of the SIS, asylum seekers who were still in the administrative procedure for examining their asylum applications have been declared undesirable, or immediately after an administrative decision rejecting the asylum application, but during the period offered by the legislation, for contesting in the administrative contentious courts. These situations violate the provisions of Law 270 of 2008 on Asylum in the Republic of Moldova, which, in paragraph 1) of Article 11 provides: "No asylum seeker shall be expelled or returned from the border or from the territory of the Republic of Moldova." The legislator did not provide for any exception to the enunciated legal norm. It is worth mentioning that the Constitutional Court, at point 31 of its decision no. 3 of 14.01.2019, stated that if the SIS considers that an asylum seeker poses a danger to national security or public order: “The Office for Migration and Asylum is responsible for examining whether poses a danger to national security or public order, without formally approving the conclusion of the Intelligence and Security Service”. Likewise, the Ombudsman in one of his reaction acts no. 06-2 / 35 of 31.10.2018 to the Supreme Court of Justice, BMA and SIS warned that persons in the asylum procedure are protected by international and national rules and on refugees. Therefore, the requirements of the Convention relating to the Status of Refugees, which in art.33 stipulates "No Contracting State shall expel or return in any way a refugee across the borders of territories where his life or liberty is threatened on the grounds of race, religion, nationality, membership of a particular social group or political opinion." This protection applies to both refugees and asylum seekers located in or on the border of 33

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