CCPR/C/121/D/2585/2015
5.7
The authors also refer to the Committee’s Views in Jasin et al. v. Denmark,41 in
which it emphasized the need to give sufficient weight to the real and personal risk a person
might face if removed. The authors submit that this requires an individualized assessment
of the risk faced rather than reliance on general reports and on the assumption that having
been granted subsidiary protection in the past, they would in principle be entitled to work
and receive social benefits.
5.8
The authors finally submit that as newly recognized refugees, they need further
support to be established in a country of asylum, as they do not have cultural or social
networks. They submit that special attention must be given to the fact that they have three
minor children; that they suffer from severe medical conditions and are dependent on
medication; and that they did not receive any help from the Bulgarian authorities during
their initial stay in Bulgaria, where they have no possibility to exercise the most basic
economic and social rights. They submit that consequently, they may have no choice but to
return to the Syrian Arab Republic, rendering illusory their right to non-refoulement under
international refugee law. They also claim that regardless of Bulgarian legislation on the
formal access to social benefits, health care and education, relevant background information
indicates that refugees in Bulgaria risk homelessness and destitution. They further submit
that the Refugee Appeals Board has failed to give sufficient weight to the real personal risk
they would face if removed there; that it did not take into account that they did not receive
any assistance from the Bulgarian authorities; and that the only reason they did not live on
the streets was that they had received money from their family. In addition, the Board did
not contact the Bulgarian authorities to ensure that they and their children would be
received under circumstances that would guarantee the protection of their rights.
Additional submission from the State party
6.1
On 27 April 2016, the State party provided further observations to the Committee,
generally referring to its observations of 9 September 2015. It reiterates that the authors
failed to establish a prima facie case for the purposes of admissibility and that the
communication should be declared inadmissible as manifestly unfounded. It further
reiterates that should the Committee consider the communication admissible, it should be
deemed as lacking substantiation, as the authors have failed to establish a violation of their
rights under article 7 of the Covenant.
6.2
The State party considers that the Committee’s jurisprudence in Jasin et al. v.
Denmark is not applicable to the present case because the circumstances are different.
While the Jasin case concerned the deportation of a single mother with minor children to
Italy whose residence permit for Italy had expired, the present case concerns the
deportation of a married couple with minor children to Bulgaria who were in possession of
valid residence permits when they applied for asylum.
6.3
The State party also indicates that the Refugee Appeals Board took into account all
the information provided by the authors, which was based on their own experiences.
Moreover, the background material consulted by the Board is obtained from a wide range
of sources, which is compared with the statements made by the relevant asylum seekers,
including as to their past experience. The State party observes that in the present case, the
authors have had the opportunity to make submissions in writing and orally before the
domestic authorities and that the Board has thoroughly examined their case on the basis of
those submissions.
6.4
The State party further notes that there is no indication that the authors made any
attempt to request help from the Bulgarian authorities; on the contrary, they managed to
find private accommodation in Sofia and also managed to support themselves before
leaving Bulgaria. Referring to the fact that the authors did not manage to find work during
the period of about two months spent in Bulgaria after having been granted residence, the
State party considers that this is also not a circumstance that would lead to a different
assessment. According to the information provided, the authors did not request assistance
from the authorities in this respect either. In addition, it is not reasonable to require that
41
Communication No. 2360/2014, Views adopted on 22 July 2015.
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