The applicant Ukrainian national contested the decision of the State Agency for Refugees of 25 May 2022 to terminate the proceedings for international protection on basis that he applied for temporary protection. The applicant claimed that according to Art. 17 and Art. 19 of Directive 2001/55/EU and the interpretation given in the operational guidelines of the European Commission, persons who enjoy temporary protection have the right to access the international protection procedure at any time.

The Administrative Court of Varna noted that he applied for international protection on 28 February 2022 after having fled the war in Ukraine and upon arrival in Bulgaria on 25 February 2022. On 28 March 2022, the applicant submitted a request for temporary protection, which was accepted by the administrative authority.

The Administrative Court of Varna reiterated that at the time when the applicant submitted the application for international protection there was no decision adopted on the granting of temporary protection for displaced persons from Ukraine. It stated that the decision of the Deputy Chairperson of the State Agency for Refugees to terminate the procedure for international protection was unlawful and contrary to the Council Implementing Decision no 382 of 4 March 2022, and the Decision no. 144 of 10 March 2022 adopted by the Council of Ministers and as amended on 30 March 2022.

The case was referred back to the determining authority for an examination on the merits.