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09/09/2022
BG: The Administrative Court of Sofia City found that the termination of proceedings for international protection were unlawful in a case concerning a minor Ukrainian applicant who also applied for temporary protection
09/09/2022
BG: The Administrative Court of Sofia City found that the termination of proceedings for international protection were unlawful in a case concerning a minor Ukrainian applicant who also applied for temporary protection

ECLI
Input Provided By
EUAA Information and Analysis Sector (IAS)
Other Source/Information
Type
Judgment
Relevant Legislative Provisions
Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection / Council Implementation Decision (EU) 2022/382 of 4 March 2022 establishing the existence of a mass influx of displaced persons from Ukraine
Reference
Bulgaria, Administrative Court Sofia city [bg. Административен съд - София град]​], E.K. v State Agency for Refugees, NO 5424, 09 September 2022. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=2863
Case history
Other information

Bulgaria, Administrative Court, City of Sofia [bg. Софийски градски съд​], Applicant v State Agency for Refugees, NO 5540, 29 September 2022. 

Bulgaria, Administrative Court Varna [bg. Административен съд -Варна], Applicant v State Agency for Refugees, 29 July 2022. 
Abstract

The case concerned a minor Ukrainian applicant E.K., represented by his mother, who contested the termination of the proceedings concerning his application for international protection by the Deputy Chairperson of the State Agency for Refugees by decision of 22 June 2022. His first application was submitted on 9 March 2022, and he further applied for temporary protection on 18 March 2022. The applicant stated to have left Ukraine on 27 February 2022 by bus and to have arrived in Bulgaria on 1 March 2022 after having transited Romania. The proceedings for international protection were terminated based on Article 68 of the Law on Refugees and Asylum (LAR). The applicant argued that the decision is unlawful and contrary to national and European legislation.


The Administrative Court of Sofia City allowed the appeal and annulled the contested decision. It found that the administrative decision lacked a legal basis and underlined that the provision of Article 68 (1) (2) of LAR, cited as the legal basis for Decision No 7581/22.06.2022, does not allow the proceedings to be discontinued on the application already submitted on 18.03.2022. The Administrative Court also added that the EU Council Implementing Decision no. 382/ 04.03.2022 and Decision no 144 of 10.03.202 of the Council of Ministers, as amended by Decision no 180 of 30 March 2022 of the Council of Ministers do not include any provision as for terminating the international protection procedure when an application for temporary protection was submitted. Moreover, the Administrative Court noted that Article 58 (7) of LAR provides expressly that a third country national who enjoys temporary protection is entitled to apply for international protection. The only consequence for such a situation is that the applicant who enjoys temporary protection and applies for international protection cannot enjoy the rights of an applicant for international protection.


The case was referred back to the State Agency for Refugees for adoption of a decision on the international protection application.


 
Country of Decision
Bulgaria
Court Name
BG: Administrative Court Sofia city [bg. Административен съд - София град]​]
Case Number
NO 5424
Date of Decision
09/09/2022
Country of Origin
Ukraine
Keywords
Assessment of Application
Refugee Protection
Temporary protection