Admissibility procedure

Bulgaria

Author

Bulgarian Helsinki Committee

The 2015 amendments to the LAR took the admissibility criteria out of the Accelerated Procedure, thus introducing the admissibility assessment as a separate admissibility procedure that could be applied during the status determination.1

The examination can result in finding the asylum application inadmissible, where the applicant:2

1.     Has been granted international protection in another EU Member State;

2.     Has been granted and can still enjoy refugee status or other effective protection in a third country, including protection from refoulement, provided that he or she can be returned to that country;

3.     Comes from a safe third country, provided that he or she can be returned to that country;

4.     Has submitted a subsequent application with no new elements;

5.     Has already an open asylum application or been granted asylum in Bulgaria.  

In addition to the ground in Article 13(2)(4) LAR, new admissibility assessment rules are introduced with respect to subsequent applications which provide the opportunity to consider them based on a preliminary examination whether new elements or findings have arisen or been presented by the applicant relating to his personal situation or country of origin.3 The admissibility assessment of subsequent applications differs in many aspect from the rules, deadlines and guarantees applicable when an inadmissibility decision is taken on the basis of the other admissibility grounds (see section on Subsequent Applications).

Rules and guarantees relating to personal interview, appeal and legal assistance are the same as in the Regular Procedure.

  • 1. Article 13(2) LAR, as amended by Law 101/2015 of 11 December 2015, available in Bulgarian at: http://bit.ly/2k8slq7.
  • 2. Article 13(2)(1)-(5) LAR, as amended by Law 101/2015 of 11 December 2015.
  • 3. Articles 75a to 76c-76d LAR.

About AIDA

The Asylum Information Database (AIDA) is a database managed by the European Council on Refugees and Exiles (ECRE), containing information on asylum procedures, reception conditions, detenti