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”.

Select target paragraph3