Cessation and review of protection status

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Bulgarian Helsinki Committee Visit Website

According to Article 17(1) LAR, international protection may be ceased if the protection holder:

• Can no longer refuse to avail him or herself of the protection of his or her country of origin, as the circumstances that had given rise to fears of persecution have ceased to exist and the transformation in said circumstances is substantial enough and of a non-temporary nature;
• Voluntarily avails him or herself of the protection of his or her country of origin;
• Voluntarily re-acquires citizenship after having lost it, or acquires new citizenship in another country;
• Acquires Bulgarian citizenship;
• Voluntarily settles in the country where he or she was previously persecuted;
• Has been granted refugee status by the President; or
• Explicitly declares to no longer wish to enjoy international protection granted in Bulgaria.
• Is deceased.

Following the decision of the SAR’s Chairperson to initiate a cessation procedure, a caseworker may suggest to cease protection based on available data indicating that one of the above legal grounds applies. The beneficiary of protection is to be notified by a letter with recorded delivery that such a procedure has been initiated, the reasons thereof and the date and place for a mandatory interview in which he or she will have the opportunity to raise any objections against the cessation of the protection status. As of the date of notification, the SAR has 3 months to issue a decision. Such decision can also be taken in the absence of opinion or objections by the protection status holder if they have not been made on his own failure.  When the SAR has not established the grounds for cessation, the initiated procedure must be discontinued.

The cessation can be appealed within 14 days after being notified to the individual before the respective Regional Administrative Court. The appeal can be heard at two court instances where the decision of the second instance, the Supreme Administrative Court, is final. Legal aid can be appointed by the court on a request of the appellant (see section Regular Procedure: Legal Assistance).

Although there is no systematic review of protection status in practice, cessation procedures are initiated by the SAR when the MOI provides information indicating that status holders have either returned to their country of origin, obtained residence or citizenship in a third country, or have not renewed their Bulgarian identification documents for a period exceeding 3 years.

In 2024, a total of 142 cessations were made. The cessations affected individuals from the following countries of origin: ^[1]

Source: SAR.

In 2020, an amendment to the law introduced an additional clause, which allows cessation or revocation of international protection where the status holders fail to renew their expired Bulgarian identity documents, or to replace them if they have been lost, stolen or destroyed, in a period of 30 days.[2]  Despite being contrary to 1951 Refugee Convention, the amendment was aimed at legalising a malpractice applied by the SAR since 2018. This broadened interpretation of the recast Qualification Directive introduces de facto an additional cessation ground in violation of national and EU legislation. The undue cessation of international protection has affected 4,264 status holders in total, respectively – 770 persons in 2018; 2,608 persons in 2019; 886 persons in 2020, 105 in 2021, and 41 in 2022, 0 in 2023 and 0 in 2024.[3]

The introduction of said additional clause led national courts in some European countries to halt transfers of beneficiaries of protection to Bulgaria in 2022.[4] In 2024 however, several courts found that beneficiaries of protection could be sent back to Bulgaria.

The administrative tribunal of Luxembourg found that the issues reported regarding access to healthcare, the labour market, social welfare, and the zero-integration policy were insufficient to demonstrate that BIPs systematically risk violations of their most fundamental rights due to systemic deficiencies in Bulgaria. Difficulties in accessing housing or finding a job were issues that could also be faced by Bulgarian nationals.[5]

Similarly, different local courts in Germany rejected appeals against BIP transfers to Bulgaria, ruling that applicants who are not particularly vulnerable do not seriously risk inhuman and degrading treatment by virtue of the living conditions of beneficiaries of protection in Bulgaria, despite the recognised issues: while there are issues in finding housing, there is no particular evidence of general homelessness of BIPs, realistic employment opportunities are deemed to exist, and language and integration courses, while not foreseen by the State, are offered by NGOs.[6] Generally, non-vulnerable, healthy and able-bodied, single young adults are not considered at risk of destitution, notably thanks to NGO assistance in finding work, for interpretation, administrative processes, financial aid, etc, despite major challenges in gaining access to housing and the labour market.[7]

Courts in the Netherlands also issued similar rulings. The courts highlighted that while reports do indeed show that living conditions for beneficiaries of protection in Bulgaria remain poor and that the authorities do not offer any integration assistance, there are NGOs offering help.[8]

[1] SAR, reg. №АД-07-7 from 14 January 2025.

[2] Article 42(5) LAR, enforced on 20 October 2020.

[3] SAR, reg. №АД-07-7 from 14 January 2025.

[4] (Germany) Administrative Court of Düsseldorf, 12 L 1073/22.A, 25 May 2022. District Court of the Hague, NL22.2064 en NL22.2066 T, 8 July 2022, available at: https://bit.ly/42POziX; District Court of the Hague, NL22.2064 en NL22.2066, 26 October 2022, available at: https://bit.ly/3nmnxiZ.

[5] Administrative tribunal of Luxembourg, Decision 50048, 27 March 2024, available here.

[6] See administrative court of Düsseldorf, Decision 29 L 2026/24. A, 5 November 2024, available here; Higher Administrative Court of Nordrhein-Westfalen, Decision 11 A 1460/23. A, 10 September 2024, available here.

[7] Administrative Court of Baden-Württemberg, Decision A 4 S 257/24, 19 July 2024, available here.

[8] Court of the Hague, NL24.18113 and NL24.18114, 13 June 2024, available here; Court of Middelburg, NL24.23908, 13 August 2024, available here; Court of Groningen, NL24.43754, 5 December 2024, available here.