letter B, art. 28 provides: “asylum seekers enjoy the following rights b) to reside in
the Republic of Moldova until the expiration of a period of 15 days from the date of
irrevocability of the decision on the rejection of the application.”
Likewise, from the same moment, of the asylum application, Law 200/2010 on the regime of
foreigners in the Republic of Moldova cannot be applied, regarding the asylum seeker, because at
art.2 para.2 it is said: „except for the situations in which, for reasons of national security or public
order, it is necessary to return from the territory of the Republic of Moldova, under the incidence of
this law do not fall foreigners whose regime is regulated by Law no.270-XVI of 18 December 2008
on asylum in the Republic of Moldova.”
Analysing the mentioned legal norms, we deduce that from the moment of applying for asylum, the
residence of the foreigner / asylum seeker becomes legal. The asylum seeker cannot be removed, in
any form, from the territory of the Republic of Moldova, until the completion of the asylum
procedure; he / she cannot be sanctioned for illegal entry and stay.
As the placement in public custody is provided by Law 200/2010 on the regime of foreigners in the
Republic of Moldova, which can no longer produce effects on the asylum seeker, he is to be
released immediately from public custody, except in cases where national security or public order
reasons are required.
6.2. Applications for the determination of stateless status, filed in public custody
Foreigners placed in public custody may apply for the determination of stateless status, under the
conditions of Law 200/2010 on the regime of foreigners in the Republic of Moldova.
From the moment of requesting the stateless status, the provisions of chapter X1 of the enunciated
law begin to have effects on the foreigner. The provisions of para.(1) art. 873 of the said Law allow
the applicant stateless status:
a. to be in the Republic of Moldova during the entire period of examination of the
application;
b. not to be removed from the territory of the Republic of Moldova except in cases where
there are reasons of national security or public order.
According to the provisions of article 51 of Law no. 200 of 2010 on the regime of foreigners in the
Republic of Moldova, regarding certain categories of foreigners, the BMA may order the measure
of return from the territory of the Republic of Moldova. Among other things, among the categories
of persons listed in Article 51 are foreigners: "... whose application for recognition of stateless
status has been rejected”.
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