CCPR/C/118/D/2608/2015
would be able to obtain medical treatment in Bulgaria, given that he currently held a valid
residence permit.
2.7
On 6 May 2015, the authors appealed the decision of the Immigration Service to the
Refugee Appeals Board. On 9 July 2015, the Board upheld the decision of the Immigration
Service, as it considered that refusing residence to an alien was permitted if the applicant
had obtained protection in another country. The Board considered as a fact that the authors
had been granted refugee status in Bulgaria. It further indicated that according to relevant
legislation, certain conditions should be met in order to refuse a residence application: 5 (a)
that the alien is protected against refoulement in the first country of asylum, (b) that it is
possible for the alien to enter and stay lawfully therein, (c) that the personal integrity and
safety of the alien is protected, but that it cannot be required that the alien has the same
social living standards as the nationals of the first country of asylum, and (d) that the alien
is treated in accordance with recognized basic human standards therein. 6
2.8
The Refugee Appeals Board found that the authors could enter and stay lawfully in
Bulgaria and that they would be protected against refoulement there, as they were granted
international protection on 15 September 2014. It considered that there was no reason to
assume that the authors would risk refoulement, as Bulgaria is a member of the European
Union and should therefore comply with the relevant legislation on the matter.7 Regarding
the authors’ allegations related to the racially motivated attacks that they could face in
Bulgaria, the Board took note of a report by the Office of the United Nations High
Commissioner for Refugees (UNHCR) indicating that the Government addresses and
condemns such attacks and that in February 2014, following an attack on a mosque, the
authorities arrested 120 people.8 The Board concluded that the authors could apply to the
Bulgarian authorities for protection, that their safety would be protected to the extent
necessary and that, consequently, they would not be subject to torture or ill-treatment if
returned. In addition, a majority of the members of the Board considered that the social and
economic conditions for refugees granted residence in Bulgaria could not independently
lead to the conclusion that the authors had to be accepted in the State party and not returned
to Bulgaria. The Board made further reference to background material indicating that
persons who have been granted refugee or protection status in Bulgaria enjoy the same
rights as Bulgarian nationals, including access to all types of work and social benefits,
including unemployment benefits, although in practice, it is hard to find a job owing to the
language barrier and the high level of unemployment. 9 Additionally, the Board mentioned
that persons with refugee status have access to health insurance in Bulgaria, although they
must pay for it, 10 but are entitled to obtain the same social assistance as Bulgarians,
including health care. 11 It therefore concluded that the authors would have sufficient
5
6
7
8
9
10
11
4
The Board quotes the explanatory notes on bill No. 72 of 14 November 2014 on section 29b of the
Aliens Act.
The Board quotes conclusion No. 58 of the Executive Committee of the Office of the United Nations
High Commissioner for Refugees on the problem of refugees and asylum seekers who move in an
irregular manner from a country in which they had already found protection (1989).
The Board quotes the Charter of Fundamental Rights of the European Union.
See “Bulgaria as a country of asylum. UNHCR observations on the current situation of asylum in
Bulgaria” (January 2014, updated in April 2014).
The Board cites a report of February 2014 by the Danish Refugee Council, which is an overview of
the Bulgarian asylum system, reception facilities and other conditions of relevance to the matter of
transfers under the Dublin regulation.
The Board refers to a memorandum of the Danish Refugee Council on the conditions of asylum
seekers and refugees in Bulgaria, which was drafted on the basis of meetings with non-governmental
organizations, held on 26 and 27 August 2014, and published in November 2014.
The Board refers to a report of the Bulgarian Council on Refugees and Migrants, “Monitoring report
on the integration of beneficiaries of international protection in the Republic of Bulgaria in 2014”.