Admissibility procedure

Bulgaria

Country Report: Admissibility procedure Last updated: 30/11/20

Author

Bulgarian Helsinki Committee Visit Website

The admissibility assessment is no longer part of the Accelerated Procedure but a separate 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.  

Out of all inadmissibility grounds set out in the LAR and mirroring the recast Asylum Procedures Directive, Bulgaria applies solely the ground relating to Subsequent Applications. It provides 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.

In 2019, 103 subsequent applications were dealt with in an admissibility procedure, of which 79 were declared inadmissible and 24 were granted access to further determination.

The same rules and guarantees apply as in the Regular Procedure as regards the personal interview, appeal and legal assistance.

 


[1]           Article 13(2) LAR.

[2]           Article 13(2)(1)-(5) LAR.

[3]           Articles 75a to 76c-76d LAR.

 

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX – Transposition of the CEAS in national legislation