CCPR/C/120/D/2640/2015
can seek protection from the relevant authorities, should they experience any problems of a
racist nature. Their reported past experiences of fearing a group called the “Bald Ones”
cannot change that assessment. Besides, the authors themselves have not experienced any
problems with that group or similar groups.
4.18 As regards the submission about insufficient access to education and schooling, the
State party notes that available information indicates that asylum seekers under 18 years of
age have access to education on the same conditions as those applicable to Bulgarian
nationals.22 However, before being enrolled in Bulgarian municipal schools, refugee and
asylum-seeking children must successfully complete a language course. Attending
compulsory school is free of charge.
4.19 Concerning the authors’ allegations that, if deported to Bulgaria, they will not have
access to accommodation, and that they will thus most likely have to live on the streets with
their children, the State party refers to the decision by the European Court of Human Rights
in the case of Samsam Mohammed Hussein and others v. the Netherlands and Italy
(application No. 27725/10). The Court stated in that decision that the assessment whether
there were substantial grounds for believing that an applicant faced a real risk of being
subjected to treatment that would be in breach of article 3 of the European Convention on
Human Rights must necessarily be a rigorous one and inevitably required that the Court
assess the conditions in the receiving country against the standard of that provision of the
Convention. In that connection, the Court further stated (paras. 70 and 71), that the mere
fact of return to a country where one’s economic position would be worse than in the
expelling Contracting State was not sufficient to meet the threshold of ill-treatment
proscribed by article 3 of the Convention; that article 3 could not be interpreted as obliging
the High Contracting Parties to provide everyone within their jurisdiction with a home; and
that the provision did not entail any general obligation to give refugees financial assistance
to enable them to maintain a certain standard of living.
4.20 Regarding the authors’ reference to the decision of the European Court of Human
Rights in the case of Tarakhel v. Switzerland, the State party is of the opinion that it cannot
be inferred from this judgment that individual guarantees must be obtained from the
Bulgarian authorities in the case at hand, which concerns the transfer of a family already
granted protection status in Bulgaria.
4.21 As for the Committee’s Views in the case of Jasin et al. v. Denmark, the State party
distinguishes the facts of that case from those of the present case, noting that the former
concerned a single woman with minor children, whose residence permit for Italy had
expired. The case at hand concerns the deportation of a family consisting of a mother, a
father and their two minor children, as well as two adult children, who all still hold valid
residence permits for subsidiary protection in Bulgaria. In the opinion of the State party, the
cases are therefore not comparable.
4.22 The State party therefore submits that the Refugee Appeals Board took into account
all relevant information in its decision and that the communication has not brought to light
any information substantiating the assertion that the authors risk such persecution or abuse
on their return to Bulgaria as would justify granting them asylum. It recalls the
Committee’s established jurisprudence,23 according to which important weight should be
given to the assessment conducted by the State party, unless it was found that the
evaluation was clearly arbitrary or amounted to a denial of justice. In the present case, the
State party submits that the authors are trying to use the Committee as an appellate body to
reassess the factual circumstances advocated in support of their claim for asylum. There is
no basis for challenging the assessment made by the Refugee Appeals Board, according to
which the authors failed to establish that there were substantial grounds for believing that
they would be in danger of being subjected to inhuman or degrading treatment or
punishment if deported to Bulgaria. Against that background, the State party submits that
22
23
8
Ibid.
See P.T. v. Denmark (communication No. 2272/2013,Views adopted on 1 April 2015), para. 7.3; K. v.
Denmark (communication No. 2393/2014, Views adopted on 16 July 2015), paras. 7.4 and 7.5.