A/HRC/14/30/Add.2 detention cannot be removed from the Romanian territory within six months, or after two years, when an expulsion order was issued; (b) when the alien has been subject of smuggling or is a victim of trafficking in persons; (c) when the administrative authority has established the temporary impossibility to remove an alien from the territory owing to objective reasons, such as the impossibility to verify the aliens’ country of origin. 52. The status of “person tolerated” allows aliens to remain in the Romanian territory, for a given period of time, without the right to receive social benefits. This status is initially granted for a maximum of six months, with the possibility of extension for additional periods of up to six months. Work permits are not granted to persons holding this status. 53. The procedure for declaring an alien undesirable and expelling him or her from the Romanian territory is governed by article 85 of the Aliens’ Law. Decisions declaring an alien undesirable are subject to appeal, which, if granted, suspends the execution of the decision except “in well-founded cases in order to prevent imminent damages”. Accordingly, when reasons of national security are the basis for declaring an alien undesirable, data and information are not revealed to the person concerned, in contradiction with the guarantees associated with the due process of law. 2. The asylum regime and the protection of refugees 54. The Asylum Law prevails over the Aliens’ Law, except if reasons of national security or public order justify the removal of an alien from the Romanian territory, in accordance with article 147 of the Aliens’ Law. In articles 82–87, an accelerated procedure at border points is established. During the border procedure, asylum-seekers may be confined to the transit zone for a maximum period of 20 days, thereafter the asylum-seeker is granted access to Romanian territory, irrespective of the stage of the refugee status determination procedure. Safeguards against refoulement include article 17 (1) (a) of the Asylum Law, which recognizes the right of asylum-seekers to remain on the territory throughout the duration of the refugee status determination. 55. Asylum-seekers are exempted from penalties for irregular entry (article 31 (1) of the 1951 Refugee Convention), pursuant to article 11 of the Asylum Law. To date, none of the asylum-seekers who entered Romania irregularly has been convicted for irregular entry according to information provided to the Special Rapporteur by UNHCR. 56. Romania has established five refugee reception centres administered by the Romanian Immigration Office, which are open centres with a total accommodation capacity of nearly 1,300 places. They accommodate asylum-seekers, refugees and persons with subsidiary protection (such as refused refugees who cannot be returned to their countries because of internal conflict, the threat of torture or death penalty) and are located in Bucharest, Timisoara, Galati, Radauti and Somcuta Mare. 57. The Law on Prevention and Suppression of Terrorism of 2004 establishes exceptions to the principle of non-refoulement and the withdrawal of the right to stay followed by a declaration of a person as “undesirable”, for example, when information or well-founded indications suggest that aliens, refugees, victims of armed conflict or stateless persons intend to commit terrorist acts or favour terrorism. However, the measure to remove from Romania asylum-seekers who are subject to this exception is executed only after the asylum request has been rejected through an executory decision. 3. The labour migration regime 58. Labour migration is generally understood as a phenomenon related to third-country nationals only. This is a consequence of the acquis communautaire, in particular Directive 2004/38/EC on the right of European Union citizens and their family members to move and 12 GE.10-12102