Types of protection

Types of protection provided to aliens in the territory of Bulgaria

Any alien may request protection under the Asylum and Refugees Act in the Republic of Bulgaria. There are four main types of protection that are mentioned in the Bulgarian legislation: refugee status, humanitarian status, temporary protection and asylum.

1. The refugee status in accordance with international standards is given by the Chairman of the State Agency for Refugees of the Republic of Bulgaria. Such status is granted to an alien who is reasonably afraid of persecution because of his race, religion, nationality, membership of a particular social group, or political opinion and/or belief outside the country of his or her nationality. He/she finds himself/herself outside the country of his/her permanent residence and, for these reasons, cannot or does not want to enjoy the protection or return to that country.For the purpose of granting refugee status, it is not necessary to prove that the alien meets either of these conditions, but that the body or the organization pursuing the persecution believes that the person has such an affiliation.Persecution may be carried out by:
   • the state;
   • parties or organizations that control the state or a substantial part of its territory;
   • non-state stakeholderes, including international organizations, where it can be demonstrated that they cannot or do not want to provide protection against persecution.

   Persecution may be: violation of fundamental human rights, which is severe enough by its nature or repeatability.

   The actions of persecution can be:

   • physical or psychological violence, including sexual violence;
   • legal, administrative, police or judicial measures that are discriminatory in themselves or applied in a discriminatory manner;
   • criminal prosecution or penalties that are disproportionate or discriminatory;
   • denial of judicial protection, which is a disproportionate or discriminatory punishment;
   • prosecution or penalties for refusal to be detained military service in the event of military action where the military service would imply a war crime or a crime against peace and humanity or incite to acts contrary to the purposes and principles of the United Nations;
   • actions against people due to their gender or against children.

   The persecution may also be related to events occurring after the person has left his or her country of origin and is the result of his or her activity which constitutes an expression or continuation of his or her beliefs except where it is done solely for the purpose of obtaining the international protection of the alien.

   Protection against persecution may be provided by:

   • the state;
   • parties or organizations, including international organizations, which control the state or a substantial part of its territory, provided that they are willing and able to offer effective protection to which the alien has access and which is not of a temporary nature.

   A refugee status may not be granted if in parts of the State of origin there is no reason to fear a persecution against the alien, in which he or she can safely and lawfully travel to that part of the state and can be established there.
   Refugees are also considered to be family members of an alien with a refugee status as long as this is compatible with their personal status and unless there are:

   • serious grounds for supposing that he has committed an act which according to the Bulgarian laws and the international treaties to which the Republic of Bulgaria is a party is defined as a war crime or as a crime against peace and humanity;
   • serious grounds for believing that it is committing or incitement to actions contrary to UN objectives and principles;
   • serious grounds for supposing that he or she committed a serious crime of a non-political nature outside the territory of the Republic of Bulgaria;
   • information once convicted by a verdict of a serious crime and posing a threat to society;
   • serious grounds for believing that it poses a threat to national security;
   • in respect of whom the competent authorities of the State of his/her permanent residence have recognized the rights and obligations arising from the nationality of that State.
2. Humanitarian status against international standards is given by the Chairman of the State Agency for Refugees of the Republic of Bulgaria. Such status is granted to an alien who is forced to leave or remain outside his or her country of origin or domicile because of a threat to his or her life, security or freedom because of violence arising from situations such as an armed conflict and when exposed to the danger of torture or other forms of inhuman or degrading treatment or punishment, and for these reasons cannot or does not wish to return to his or her country of origin or domicile.
   Subjects committing serious offence may be:
   • the state;
   • parties or organizations that control the state or a substantial part of its territory;
   • non-state actors, including international organizations, where it can be demonstrated that they cannot or do not want to provide protection.

   The real danger of serious harm can be based on events occurring after the alien has left his or her country of origin or an activity carried out by him or her after his or her departure, especially if it is established that this activity is an expression or continuation of his or her beliefs expressed in the country of origin, except where it is solely for the purpose of obtaining the international protection of the alien.

   Protection against severe harm can be provided by:

   • the state;
   • parties or organizations, including international organizations, which control the state or a substantial part of its territory, provided that they wish and can offer effective protection to which the alien has access and which is not of a temporary nature.

   Humanitarian status may not be granted if in parts of the State of origin there are no grounds for a reasonable fear of persecution against the alien, wherever he or she can safely and lawfully travel to that part of the state and can be established there.

   Humanitarian status is also granted to members of the family of an alien with a humanitarian status as long as this is compatible with their personal status and unless:

   • there are no serious grounds for supposing that he has committed an act which according to the Bulgarian laws and the international treaties to which the Republic of Bulgaria is a party is defined as a war crime or as a crime against peace and humanity;
   • there are no good reasons to suspect that it is committing or incitement to acts contrary to the purposes and principles of the UN;
   • there are no good reasons to suspect that he or she has committed a serious crime;
   • an offense has been committed outside the territory of the Republic of Bulgaria, for which Bulgarian law provides for a custodial sentence and left the country of origin solely for the purpose of avoiding persecution unless such persecution threatens its life or is inhuman or degrading;
   • there are serious grounds for believing that it poses a threat to society or to national security.
3. Temporary protection following a decision of the EU Council is given by the Council of Ministers in case of mass influx of aliens who are forced to leave their country of origin due to armed conflict, civil war, alien aggression, human rights abuses or large-scale violence in the territory of the respective state or in a separate region thereof and who cannot return for that reason.
   1. Asylum provided by the President of the Republic of Bulgaria shall be granted in accordance with his/her powers in the cases under Article 27, paragraph 2 of the Constitution, as well as when the state interests or special circumstances impose this.