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29/05/2023
BG: The Supreme Administrative Court refused a request for international protection lodged by a Russian national who fled to avoid conscription in the war in Ukraine.

ECLI
Input Provided By
EUAA IDS
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR)
Reference
Bulgaria, Supreme Administrative Court [Върховен административен съд], Applicant v State Agency for Refugees (SAR), No 1356/2023, 29 May 2023. 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=3431
Case history
Other information
Abstract

A Russian national who received a letter of conscription to the Russian army, left his country on a one-year visa to Bulgaria and applied for asylum there.


The State Agency for Refugees rejected his request on 19 July 2022 and also refused humanitarian status. The applicant appealed against the decision and the Administrative Court of Sofia rejected his appeal on 9 December 2022. The applicant appealed in cassation before the Supreme Administrative Court.


The Supreme Administrative Court rejected his appeal. It held that the existence of persecution due to one's race, religion, nationality, belonging to a specific social group or due to political opinion and/or conviction in one's country of origin was not proven. The court considered that the applicant did not prove that he had participated in anti-government protests. It further argued that there was no reason to believe that the official authorities in the Russian Federation were carrying out massive repression against citizens who protested against the president’s policy and that there was no particular danger of being detained and repressed if he returned to his country of origin. The court also added that there were no grounds for application of the principle of refugee sur place.


Country of Decision
Bulgaria
Court Name
BG: Supreme Administrative Court [Върховен административен съд]
Case Number
No 1356/2023
Date of Decision
29/05/2023
Country of Origin
Russia
Keywords
First Instance determination
Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription
Refugee sur place
RETURN