CCPR/C/120/D/2640/2015
valid travel documents. The authors applied for asylum on 31 January 2015 and 3 February
2015, respectively. On 21 April 2015 and 11 June 2015, respectively, the Danish
Immigration Service refused the authors’ applications for residence under section 7 of the
Danish Aliens Act, pursuant to section 29 of the Aliens Act. On 11 May 2015 and 26 June
2015, respectively, the authors appealed the decisions to the Refugee Appeals Board. On 3
August 2015, the Refugee Appeals Board upheld the decisions of the Danish Immigration
Service to refuse residence to the authors.
4.2
The State party further notes that, in a communication dated 5 August 2015, the
authors brought the matter before the Committee, claiming that deporting them to Bulgaria
would constitute a breach of article 7 of the Covenant. On 7 August 2015, the Refugee
Appeals Board suspended the deadline for the authors’ departure from Denmark until
further notice, in accordance with the Committee’s request.
4.3
The State party submits that, in its decision of 3 August 2015, the Refugee Appeals
Board stated, with respect to the authors R.I.H., S.M.D. and their two minor children, that it
appeared from the first sentence of section 48a (1) of the Aliens Act that, if an alien
claimed to fall within section 7 [of the Act], the Danish Immigration Service must make a
decision as soon as possible on refusal of entry, transfer or retransfer under the rules of Part
5. Pursuant to section 29, an application for residence under section 7 could be refused if
the alien had already obtained protection in a country falling within section 29a (1), i.e. a
country covered by the Dublin Regulation. In the case at hand, the Board considered it a
fact that the appellants had been granted residence, in the form of subsidiary protection, in
Bulgaria. It appeared from the explanatory notes to Bill No. 72 of 14 November 2014 on
section 29 of the Aliens Act that refusal of residence under that provision was allowed only
if the conditions for considering the relevant country to be a country of first asylum had
been met, because the alien had previously obtained protection in that country. One of the
requirements for such a refusal of residence was that the alien must be protected against
refoulement and that it must be possible for the alien to enter and stay lawfully in the
country of first asylum. The personal integrity and safety of the alien must also be protected,
but it could not be required that the alien must have the exact same standard of living as the
nationals of the country of first asylum. However, it was a requirement under UNHCR
Executive Committee conclusion No. 58 that the alien must be treated in accordance with
recognized basic human standards in the country of first asylum.
4.4
The State party submits further that, according to its case law, the Refugee Appeals
Board examined whether the alien had access to housing and medical assistance, the
possibility of employment in the private or public sector, the possibility of settling freely
and the possibility of owning real estate. In the present case, the Board determined that it
would be possible for the authors to enter and stay lawfully in Bulgaria and that they would
be protected against refoulement in that country. The Board observed that, on 13 October
2014, the authors had obtained subsidiary protection in Bulgaria, a member State of the
European Union and a party to the Convention relating to the Status of Refugees, which
stipulated compliance with the principle of non-refoulement (art. 33 (1)).
4.5
As regards the general conditions for aliens granted residence in Bulgaria, the Board
determined that it would not imply a risk of inhumane or degrading treatment, as referred to
in article 4 of the Charter and prohibited by article 3 of the European Convention on
Human Rights and article 7 of the International Covenant on Civil and Political Rights, to
refuse entry to the appellants. The Board also determined that the authors’ personal
integrity and safety would be protected.
4.6
Concerning the authors’ allegation of xenophobic violence in Bulgaria, the Board
indicated that if relevant, the authors would be able to seek protection from the Bulgarian
authorities. Moreover, it observed that, judging from the authors’ interview with the Danish
Immigration Service on 31 March 2015 and 9 June 2015, they were not referring to any
specific conflict with private individuals or authorities in Bulgaria.
4.7
The Board further determined that the general socioeconomic conditions for
refugees who were granted residence in Bulgaria could not independently lead to the
conclusion that the authors could not be returned to Bulgaria. The Board took into
consideration available background information, including a report published by UNHCR
5