CCPR/C/120/D/2640/2015
8.4
The Committee observes that it is not disputed that the authors obtained subsidiary
protection in Bulgaria and were accordingly granted a residence permit in November 2014,
with a validity period of three years; nor that they could stay in the asylum centre after they
obtained a residence permit. The Committee also notes that the Danish Refugee Appeals
Board determined that the authors did not face any problems with the nationals and
authorities of Bulgaria, and that they would enjoy necessary social rights if they were
returned to Bulgaria, including access to school for the children and access to medical care.
8.5
The Committee further notes that the authors rely on third-party information and
reports on the general situation of asylum seekers and refugees in Bulgaria32 to argue that
they would not have access to housing in case of return and would be deprived of medical
care. In this respect, the Committee notes the State party’s statement that, by law, persons
granted refugee and protection status in Bulgaria have the same rights as Bulgarian
nationals,33 as well as its argument that the authors have not requested or needed medical
assistance during their stay in Bulgaria and have therefore not substantiated their allegation
that no medical support is available. Regarding allegations of xenophobic violence, the
Committee also takes note of the Refugee Appeals Board’s determination that, during their
asylum interviews, the authors had failed to report any specific conflict and that they would
have the possibility to seek the protection of the relevant Bulgarian authorities should their
personal integrity and safety be threatened.
8.6
The Committee observes that, notwithstanding the fact that it is difficult, in practice,
for refugees and beneficiaries of subsidiary protection to gain access to the labour market or
to housing, the authors have failed to substantiate a real and personal risk to themselves
upon return to Bulgaria. The authors have not established that they were homeless before
their departure from Bulgaria; they did not live in destitution; and their situation with four
children, the youngest of whom is 14 years old, must be distinguished from that of the
author in the decision of Jasin et al. v. Denmark, which concerned a single mother of three
minor children, suffering from a health condition and holding an expired residence permit.
The mere fact that the authors may possibly be confronted with difficulties upon their
return does not, by itself, necessarily mean that they would be in a special situation of
vulnerability — and in a situation significantly different to many other families — such as
to conclude that their return to Bulgaria would constitute a violation of the State party’s
obligations under article 7 of the Covenant.34
8.7
Although the authors disagree with the decision of the State party’s authorities to
return them to Bulgaria as the country of their first asylum, they have failed to explain why
this decision is manifestly unreasonable or arbitrary in nature. Nor have they pointed out
any procedural irregularities in the procedures before the Danish Immigration Service or
the Refugee Appeals Board. Accordingly, the Committee cannot conclude that the removal
of the authors to Bulgaria by the State party would constitute a violation of article 7 of the
Covenant.
9.
The Committee, acting under article 5 (4) of the Optional Protocol, is of the view
that the authors’ removal to Bulgaria would not violate their rights under article 7 of the
Covenant. The Committee is, however, confident that the State party will duly inform the
Bulgarian authorities of the authors’ removal, in order for the authors and their children to
be kept together and to be taken charge of in a manner adapted to their needs, especially
taking into account the ages of the minor children.
32
33
34
12
See para. 3.3 ff. above.
Article 32 (2) of the Law on Asylum and Refugees of Bulgaria.
See, for instance, communication No. 2569/2015, B.M.I. and N.A.K. v. Denmark, Views adopted on
26 October 2016, para. 8.6.