Analysing the set out legal norms, we deduce that from the moment of requesting the determination
of the stateless status, the stay of the foreigner / applicant becomes legal. The applicant for
statelessness status may not be removed from the territory of the Republic of Moldova until the
completion of the status determination procedure, except in cases where national security or public
order reasons are required.
In practice, the foreigner who requested the determination of the stateless status is released from
public custody only in cases where the country, of which he was supposed to be a citizen, has
denied membership in his citizenship. In such situations, the foreigner is redirected to the
Statelessness Section of the BMA to document the person with a temporary stateless person
applicant document and process his / her application for statelessness determination. The same
practice is applied to foreigners whose alleged country of origin did not respond to BMA inquiries
within 6 months (term of placing foreigners in public custody).
6.3. Placing foreigners in public custody, judicial practice
The judicial practice regarding placement in public custody is fairly uniform. At present, the
process of placing in public custody and extending the term of public custody can be submitted only
in 3 courts in whose constituency are the BMA Regional Offices, namely the Court of Cahul, Balti
and Chisinau (Riscani headquarters). It was an exception when the person was placed in public
custody by the Comrat Court (2019).
The BMA requests the placement of foreigners in public custody, even when their removal is
impossible for reasons that do not depend on the will of the foreigner and for the reasons provided
in art.12, paragraph (1), Law 200/2010:
a) in a process of criminal investigation or trial of the criminal case on the territory of
the Republic of Moldova, the foreigner is notified of the search by the competent
body or one of the following preventive measures has been applied, according to the
Code of Criminal Procedure: the obligation not to leave the city; the obligation not to
leave the country; the transmission under supervision of the minor; house arrest; pretrial detention; provisional release under judicial control or on bail, with the
obligation not to leave the country;
b) medical coercive measures were applied to the foreigner, under the conditions of the
criminal law;
c) the foreigner is prohibited from leaving the country on the basis of a court decision,
according to the Enforcement Code.
The situations stated above make it impossible to remove the foreigner. Therefore, detention for the
purpose of removal from "public custody" is not justified. We base this conclusion on the
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