The case concerned a Ukrainian applicant whose proceedings for international protection were terminated by decision of the Deputy Chair of the State Agency for Refugees of 22 June 2022.  U.K., Ukrainian national has first submitted an application for international protection on 9 March 2022, and then he applied for temporary protection on 18 March 2022. The applicant contested the termination of the proceedings for international protection.

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 sent back to the determining authority for an examination on merits of the application for international protection.