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Second instance determination - Bulgaria
Last updated on 14/05/2025

There are two appeals before judicial bodies in matters of international protection.

The first appeal is before a regional administrative court, which is a general court, not dedicated solely to asylum. The administrative court examines appeals against decisions of the State Agency for Refugees (SAR) (Article 84 Asylum and Refugee Act (LAR) and Article 89(1) Judiciary System Act). It carries out a full and ex nunc examination of facts and aspects of law (Article 168 Administrative procedure code). The appeal before an administrative court has automatic suspensive effect, except for appeals in the subsequent application procedure (Article 84(5) and (6) Asylum and Refugee Act).

In the regular procedure, the appeal must be submitted within 14 days from the notification of the decision (Article 84 Asylum and Refugee Act) and the court must decide within 1 month from the initiation of the case, which is within 3 days from the receipt of the appeal (Article 85(1) Asylum and Refugee Act). In other types of procedures, the time limits may differ (see Other appeals).

The second appeal (cassation control) is before the Supreme Administrative Court, which examines only points of law (Article 220 Administrative procedure code). However, a second appeal is not available in all types of asylum procedures (see Other appeals). The appeal before the Supreme Administrative Court has automatic suspensive effect (Article 84(5) Asylum and Refugee Act), except for appeals in the subsequent application procedure. The time limit to appeal before the Supreme Administrative Court is 14 days from the day of notification of the judgment pronounced by the administrative court (Article 211 Administrative procedure code). The Supreme Administrative Court has 1 month to decide (Articles 228 and 172 Administrative procedure code).

The relevant legal provisions concerning the first and second appeal in asylum cases in the Asylum and Refugee Act are Articles 84-92.