A Syrian family granted international protection in Bulgaria on 2 April 2015, left Bulgaria to apply again for international protection in Denmark on 4 June 2015. Their request was rejected on all appeal levels and their complaint to the UN Human Rights Committee did not consider their case.
The son and daughter left for the Netherlands and applied again for international protection, after which the parents also arrived and asked for international protection.
The asylum authority argued that they should return to Bulgaria, while the family argued that recent legislation in the country would mean that their international protection status was revoked there, as they have not renewed their residence permit on time (it was valid until 17 April 2020).
The court noted, that the family did not contest that they have received international protection in April 2015 in Bulgaria. It also appeared that according to the Bulgarian authorities, on 7 April 2022, they were still registered as beneficiaries of international protection.
The court then also noted that according to the AIDA report 2022, Bulgaria has included a revocation ground not mentioned in the Geneva Convention or in EU law. The court underlined, that even though according to the Bulgarian authorities, the family still had international protection status in the country, the family does not have a valid residence permit and it is unclear how the withdrawal process would follow this fact. Thus, the court concluded that a interim decision needs to be taken and allow the family to clarify the grounds on which Bulgarian authorities may proceed with the withdrawal of the international protection status.