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29/05/2023
BG: The Administrative Court of Sofia-City decided to refer questions to the CJEU for preliminary ruling on the situation of third-country national who were rejected international protection and cannot be returned to their countries of origin.

ECLI
Input Provided By
EUAA IDS
Type
Order
Original Documents
Relevant Legislative Provisions
Return Directive (Directive 2008/115/EC of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals); Revised Qualification Directive (Directive 2011/95/EU on standards for the qualification of third-country nationals or stateless persons as BIP for a uniform status for refugees or for persons eligible for subsidiary protection- recast)/or QD 2004/83/EC
Reference
Bulgaria, Administrative Court Sofia city [bg. Административен съд - София град]​], K.W.M. v State Agency for Refugees under the Council of Ministers, 9280/2022, 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=3437
Case history
Other information
Abstract

Registered under C-352/23


The complainant has been residing in Bulgaria for 27 years and submitted several applications for international protection which were rejected by the authorities. As his status fell under the Law on Foreigners in the Republic of Bulgaria, coercive administrative measures were imposed on him for return to the country of origin, none successfully implemented, due to the lack of valid personal documents.


To settle his status, the applicant requested humanitarian status. The Administrative Court of Sofia-City decided to admit the application and refer questions to the CJEU for preliminary ruling.


The court reasoned that the national legislation does not contain a norm that regulates the residence of the applicant for reasons of a humanitarian nature, within the meaning of Art. 6(4) of the Returns Directive. Among others, the court asked:


  • Whether Recital 12 of the Preamble and Article 14(2) of the Returns Directive read in conjunction with Article 1 and Article 4 of the EU Charter, require a Member State to issue a written confirmation to third-country nationals certifying that they are staying illegally but cannot yet be removed;
  • Whether other types of protection may be provided by Member States independent of the spirit and logic of the recast Qualification Directive;
  • Whether the failure to grant protection to a third-country national in the situation of the complainant results in the Member State disregarding its obligations under Articles 1, 4 and 7 of the EU Charter.

 
Country of Decision
Bulgaria
Court Name
BG: Administrative Court Sofia city [bg. Административен съд - София град]​]
Case Number
9280/2022
Date of Decision
29/05/2023
Country of Origin
Unknown
Keywords
Humanitarian Protection/ Temporary Residence
Return/Removal/Deportation
Other Source/Information
Foundation for Access to Rights