Admissibility procedure

Bulgaria

Country Report: Admissibility procedure Last updated: 21/04/21

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 prior or during the status determination.[1]

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

  1. Following a proper invitation the applicant does not appear for an interview and, in 30 days thereof, does not present any objective reasons for his omission;
  2. The applicant failed twice to be found at the permitted address of residence or at another address indicated by him/her;
  3. The applicant changes the address of residence without notifying the State Agency for Refugees and within 30 days does not indicate any objective reasons for doing that
  4. The applicant refuses on three or more occasions to cooperate the staff of the State Agency for Refugees to clarify the circumstances related to his application;
  5. The applicants withdraws his application for international protection;
  6. Has been granted international protection in another EU Member State;
  7. The applicants is granted asylum by the President of the Republic;
  8. The applicants has deceased;
  9. The applicants is issued a decision Article 67c, para. 1, item 1[3], which allows his transfer to another EU Member State.

In the hypotheses from 1 to 5, the decision maker can opt to proceed and refuse the applicant under the Accelerated Procedure if sufficient evidence have been gathered to consider the application as manifestly unfounded[4].

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.[5] 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 2020, 80 subsequent applications were dealt with in an admissibility procedure, of which 69 were declared inadmissible and 11 were granted access to further determination.

Personal interview

The same rules and guarantees apply as in the Regular Procedure: Personal Interview.

Appeal

The same rules and guarantees apply as in the Regular Procedure: Appeal.

Legal assistance

The same rules and guarantees apply as in the Regular Procedure: Legal Assistance.

 

[1]   Article 15 LAR.

[2]   Article 13(2)(1)-(5) LAR.

[3]   Dublin transfer.

[4]   Article 15(2) LAR.

[5]    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