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08/05/2024
BG: The Supreme Administrative Court rejected the appeal lodged by a Ukrainian national against refusal to be registered for international protection procedure due to the fact that he is a beneficiary of temporary protection

ECLI
Input Provided By
EUAA Information and Analysis Sector (IAS)
Other Source/Information
Type
Judgment
Original Documents
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, Supreme Administrative Court [Върховен административен съд], Applicant v State Agency for Refugees (Държавна агенция за бежанците при Министерския съвет‚ SAR), № 5543, 08 May 2024. 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=4409
Case history
Other information

Bulgaria, Supreme Administrative Court [Върховен административен съд], State Agency for Refugees v Applicants, 1992/2023, 14 July 2023

Abstract

The case concerned a Ukrainian national who applied against the decision of the administrative court which rejected his appeal against the inactivity of the State Agency for Refugees on his request to apply for asylum. The applicant is a beneficiary of temporary protection and his request for international protection was refused and not registered.


The Supreme Administrative Court recalled its previous judgement of 14 July 2023 in State Agency for Refugees v Applicants and confirmed the lower court decision. It reiterated that the applicant benefits of temporary protection on basis of the activation of the Temporary protection Directive and that this status was extended until 4 March 2025. The court reiterated that the Order No. РД05-263/08.04.2022 of the President of the SAR provided for the suspension of registration and initiation of proceedings on international protection for displaced persons from Ukraine and instead ordered their registration for temporary protection. The order legality had been confirmed by the same court by the abovementioned judgement.


The court also rejected the request of the applicant to submit questions before the CJEU for interpretation of the TPD and the Implementing Decisions.


Country of Decision
Bulgaria
Court Name
BG: Supreme Administrative Court [Върховен административен съд]
Case Number
№ 5543
Date of Decision
08/05/2024
Country of Origin
Ukraine
Keywords
Access to procedures
Temporary protection
RETURN