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Bulgarian Asylum and Refugees Act
Last update: 2008-08-21 03:06:35
Chapter One
GENERAL PROVISIONS
Article 1. (1) This Act shall set forth the conditions and the procedure for granting special protection to aliens in the territory of the Republic of Bulgaria, as well as their rights and obligations.
(2) The special protection that the Republic of Bulgaria shall provide to aliens under this Act shall include asylum, refugee status, humanitarian status and temporary protection.
Article 2. (1) The President of the Republic of Bulgaria shall grant asylum.
(2) (Amended, SG No. 52/2007) The Council of Ministers shall grant temporary protection introduced pursuant to a Resolution of the Council of the European Union.
(3) The Chairperson of the State Agency for Refugees shall grant refugee status and humanitarian status under the Convention relating to the Status of Refugees of 1951 and the Protocol relating to the Status of Refugees of 1967, the international human rights instruments and this Act.
Article 3. (1) The Republic of Bulgaria shall fulfil its obligations under the Convention relating to the Status of Refugees of 1951 and the Protocol relating to the Status of Refugees of 1967 through its state authorities in cooperation with the United Nations High Commissioner for Refugees.
(2) The United Nations High Commissioner for Refugees shall, through his/her representative in the Republic of Bulgaria, have the right to information, as well as to access to any stage of the procedure for granting refugee status, humanitarian status and temporary protection. He/she may get acquainted with any specific case and give a written or oral opinion thereon.
Article 4. (1) Any alien may request to be granted protection in the Republic of Bulgaria in accordance with the provisions of this Act.
(2) The request for granting protection shall be made in person and of the alien's own free will.
(3) A alien who has entered the Republic of Bulgaria to seek protection or who has been granted protection may not be returned to the territory of a country where his/her life or freedom is threatened due to his/her race, religion, nationality, membership of a specific social group or political opinion and/or belief, or where he/she faces a threat of torture or other forms of cruel, inhuman or degrading treatment or punishment.
(4) The rights under paragraph (3) may not be enjoyed by a alien who is seeking or has been granted protection and for whom there are grounds to consider that he/she is presenting a threat to the national security, or who, having been already convicted of a serious crime by a judgment that has come into effect, is presenting a threat to the community.
(5) An alien who has, in contravention of the procedure laid down by law, entered the Republic of Bulgaria to seek protection, coming directly from a territory where his/her life and freedom have been threatened, shall appear without delay before the competent authorities and state good reasons for his/her illegal entry or stay in the territory of the country.
Article 5. Aliens who are seeking or have been granted protection in the Republic of Bulgaria shall have the rights and obligations provided for in this Act and shall have civil, administrative penalty and criminal liability under the procedure and conditions applicable to Bulgarian nationals.
Article 6. (1) (Previous text of Article 6, amended, SG No. 52/2007) The powers under this Act shall be exercised by officials of the State Agency for Refugees. They shall establish all the facts and circumstances relevant to the procedure for granting refugee status or humanitarian status and shall assist aliens who have applied for acquiring such status.
(2) (New, SG No. 52/2007) Per request of the President of the Republic of Bulgaria officials of the State Agency for Refugees shall establish all facts and circumstances that are material to the procedure for granting asylum and shall assist the administration of the President of the Republic of Bulgaria.
Article 6a. (New, SG No. 52/2007) The interest of the child is of utmost priority with respect to the application of this act.
Chapter Two
TYPES OF SPECIAL PROTECTION
Article 7. (1) (Previous text of Article 7, SG No. 52/2007) Asylum is the protection, which the Republic of Bulgaria grants to aliens persecuted on account of their convictions or activity in advocating internationally recognized rights and freedoms.
(2) (New, SG No. 52/2007) The President of the Republic of Bulgaria shall provide asylum including in the cases when national interest or special circumstances require it.
Article 8. (1) (Previous Article 8, SG 31/2005, amended and supplemented, SG No. 52/2007) Refugee status in the Republic of Bulgaria shall be granted to a alien who has a well-founded fear of persecution on account of his/her race, religion, nationality, membership of a specific social group or on the grounds of his/her political opinion and/or belief, who is outside his/her country of origin and who, for those reasons, is unable or unwilling to avail himself/herself of the protection of that country or return thereto.
(2) (New, SG No. 52/2007) Status pursuant to paragraph 1 shall be granted regardless of the alien's belonging to a particular race, religion, nationality, social group, expression of certain political opinion, or adherence to a political belief at the basis of which he/she was persecuted. It is sufficient for the authority or organization persecuting that person to consider that the alien has such affiliation.
(3) (New, SG No. 52/2007) Persecution may be implemented by a governmental authority or organization that the government is not able or willing to confront effectively.
(4) (New, SG No. 52/2007) Persecution is a violation of fundamental human rights or a set of actions that result in violation of fundamental human rights grave enough in their nature or recurrence.
(5) (New, SG No. 52/2007) Persecution actions may be acts of physical or psychological harassment, legal, administrative, police or court measures that are discriminatory or are implemented to a discriminatory purpose, including penalties for evasion of military service that would lead to offences under article 12 (1) items 1 through 3.
(6) (New, SG No. 52/2007) The fear of persecution may be based on events that occurred after an alien has left his/her country of origin or an act committed by him/her after departure unless it has been committed with the sole purpose of obtaining protection under this act.
(7) (New, SG No. 52/2007) Protection can be implemented when a government authority or organization which controls the country or a significant part of its territory takes measures against persecution and the alien has access to this protection.
(8) (New, SG No. 52/2007) Refugee status can be granted when in one part of the country of origin there are no grounds for fear of persecution with respect to the alien whereby he can freely and permanently benefit of effective protection there.
(9) (New, SG No. 31/2005, renumbered from paragraph 2, amended, SG No. 52/2007) The spouse of a alien who has been granted refugee status, and their minor or juvenile children who has not married, shall be considered refugees, inasmuch as it is consistent with their personal status or there are no circumstances under article 12 (1).
(10) (New, SG No. 31/2005, renumbered from paragraph 3, SG No. 52/2007) When a alien who has been granted refugee status, is wedded to another alien, the latter may be granted refugee status only on his or her own merit.
Article 9. (Amended, SG No. 52/2007) (1) Humanitarian status shall be granted to an alien forced to leave or to stay outside his/her country of origin due to being exposed to real threat of grave violation such as:
1. death penalty or execution;
2. torture or inhuman or degrading treatment or punishment;
3. serious personal threat to his/her life or person as a civilian due to violence in cases of national or international armed conflict.
(2) Grave violations can occur as a result of action or lack thereof on the part of an authority or organization, which the government is incapable or unwilling to effectively confront.
(3) Real threat of grave violation may be grounded in events occurring after the alien has left his/her country of origin or in an activity performed by him/her after departure unless it was performed with the sole purpose of being granted protection under this Act.
(4) Protection can be effectively granted when a governmental authority or organization which is in control of the country or a significant portion of its territory takes measures against the case of persecution and the alien has access to such protection.
(5) It is possible not to grant humanitarian status when a portion of the country of origin is free of real risk in the sense of the alien becoming a victim of serious violation provided that he/she will be able to freely and permanently obtain effective protection there.
(6) Humanitarian status shall be provided to the spouse of an alien who has already been granted such status and the same applies to their under age and minor children who are yet unmarried insofar as this does not contradict their personal status or unless there are facts specified under Article 12 (2).
(7) When an alien who has been granted humanitarian status marries another alien, the latter can obtain humanitarian status solely as an independent individual.
(8) Humanitarian status may also be granted for other reasons of humanitarian nature as well as for the reasons stipulated in the outcome document of the Executive Committee of the United Nations High Commissioner for Refugees.
Article 10. (Amended, SG No. 52/2007) Refugee status shall also be granted to any alien who is on the territory of the Republic of Bulgaria and has been recognized as refugee under the mandate of the United Nations High Commissioner for Refugees.
Article 11. (1) (Previous Article 11, amended, SG No. 52/2007) Temporary protection shall be granted in the event of mass influx of aliens who are forced to leave their country of origin as a result of an armed conflict, civil war, foreign aggression, large-scale violations of human rights or violence on the territory of the relevant country or in a specific area thereof and who, for those reasons, cannot return there.
(2) (New, SG No. 52/2007) Temporary protection shall be provided for the duration specified under the Resolution of the Council of the European Union.
Chapter Three
GROUNDS FOR REFUSAL, TERMINATION AND WITHDRAWAL OF
PROTECTION AND FOR PROCEDURE SUSPENSION AND CANCELLATION
Article 12. (1) (Previous Article 12, amended, SG No. 52/2007) Refugee status shall not be granted to an alien:
1. for whom there are serious grounds to assume that he/she has committed an act defined as a war crime or crime against peace and humanity under Bulgarian legislation and under the international treaties to which the Republic of Bulgaria is a party;
2. for whom there are serious grounds to assume that he/she has committed a serious non-political crime outside the territory of the Republic of Bulgaria;
3. for whom there are serious grounds to assume that he/she commits or incites towards acts contrary to the goals and principles of the United Nations;
4. (supplemented, SG No. 52/2007) who benefits from the protection or assistance provided by bodies or organizations of the United Nations other than the United Nations High Commissioner for Refugees provided that the said protection has not been revoked and upon his/her status being established according to the relevant resolution of the United Nations;
5. (amended, SG No. 52/2007) with respect to whom the competent authorities of his/her country of residence have recognized the rights and obligations resulting from the citizenship in that country.
(2) (New, SG No. 52/2007) Humanitarian status shall not be granted to an alien who has allegedly committed any of the acts under article 1, item 1 and 3 or a serious offense of general nature provided that there are solid grounds to those allegations or has committed an offence outside of the territory of Bulgaria which is punishable by imprisonment under Bulgarian law provided that the person has left their country of origin for the sole purpose of evading criminal prosecution except in cases when the said prosecution is a threat to his/her life or is inhuman or degrading.
Article 13. (Amended, SG No. 31/2005) (1) (Supplemented, SG No. 52/2007) Refugee status or humanitarian status shall not be granted with respect to a alien whose application is manifestly unfounded, where conditions under article 8(1) and (9), respectively article 9(1), (6) and (8) are not met and the alien:
1. invokes grounds that are outside the scope of this Act;
2. fails to state any reason for a well-founded fear of persecution;
3. the facts alleged by him/her do not contain a detailed description of the circumstances or personal details needed to clarify the case;
4. the application is clearly lacking in credibility, with the facts alleged by him/her being inconsistent, contradictory or completely improbable;
5. (new, SG No. 52/2007) he/she has submitted a subsequent application which does not contain any material circumstances affecting his/her personal situation or relevant to his/her country if origin.
6. (renumbered from item 5, SG No 52/2007) uses a false identity or produces non-authentic, forged document or a document with false contents, while continuing to insist on their authenticity throughout the procedure;
7. (renumbered from item 6, SG No 52/2007) he/she intentionally gives, in an oral or written form, false information or withholds essential information concerning his/her case;
8. (renumbered from item 7, SG No 52/2007) he/she intentionally destroys, damages or disposes of a passport or another document or ticket which is relevant to his/her claim in order to introduce himself/herself under a false identity or to impede the review of the application;
9. (renumbered from item 8, amended, SG No 52/2007) he/she did not provide information that would be sufficient to ascertain his/her identity or citizenship;
10. (repealed, new, SG No. 52/2007) he/she refuses to comply with the fingerprinting requirement;
11. (repealed, new, SG No. 52/2007) he/she entered the country and resides in it according to statutory requirements and within a reasonable period of time since entering fails to approach the competent authorities with a request for protection with the exception of cases when the delay was due to factors beyond his/her control;
12. (new, SG No. 52/2007) he/she entered into the country breaching the relevant statutory requirements and did not immediately approach a competent authority with a request for protection unless there are reasons beyond the person's control that prevented him/her to do so.
13. (new, SG No. 52/2007) he/she comes from a safe country of origin or from a safe third country listed in the Minimum Common List adopted by the Council of the European Union or in the national lists adopted by the Council of Ministers.
14. (renumbered from item 9, SG No 52/2007) after having had enough time and opportunities, he/she files his/her application in order to prevent the enforcement of a coercive administrative measure imposed on him/her, such as "revocation of the right to stay in the Republic of Bulgaria ", "forcible escort to the border of the Republic of Bulgaria" or "expulsion";
(2) (Amended, SG No 52/2007) The refugee status or humanitarian status determination procedure shall not start or if it has already started it shall be terminated when the alien has:
1. refugee status granted in another European Union Member State;
2. refugee status granted in a safe third country provided that he/she will be allowed to stay in that country;
3. already applied for asylum and the relevant procedure has started or already been given asylum in the Republic of Bulgaria.
(3) (New, SG No. 52/2007) If the fact stipulated under paragraph 1, item 13 is in place, this cannot by itself be a reason to refute the application as outright groundless.
Article 14. The refugee status or humanitarian status determination procedure shall be suspended where the alien, without good reasons:
1. fails to appear for an interview within 10 working days, after having been duly invited to do so;
2. changes his/her address without notifying the State Agency for Refugees or the competent registration-and reception centre;
3. refuses to assist the officials of the State Agency for Refugees in clarifying the circumstances pertaining to his/her application.
Article 15. (1) (Amended, SG No. 31/2005, previous Article 15, SG No. 52/2007) A refugee status or humanitarian status determination procedure shall be discontinued where the alien:
1. (amended and supplemented, SG No. 52/2007) may no longer refuse to avail of the protection of his/her country of origin, as the circumstances that had given rise to fear of persecution have ceased to exist and the transformation in the said circumstances is material enough and is not temporary;
2. (amended, SG No. 52/2007) voluntarily avails himself/herself of the protection of his/her country of origin;
3. voluntarily re-acquires his/her citizenship after having lost it, or acquires new citizenship in another country;
4. acquires Bulgarian citizenship;
5. (amended, SG No. 52/2007) voluntarily settles in the country where he/she was previously persecuted;
6. (amended, SG No. 52/2007) withdraws his/her application;
7. (supplemented, SG No. 52/2007) fails to appear before the relevant official of the State Agency for Refugees within three months after the procedure has been suspended as per Article 14 concerning the provision of evidence that he/she had objective reasons to change his/her address or objective difficulty preventing him/her from appearing before or cooperating with the relevant officials;
8. has deceased.
9. (new, SG No. 31/2005) has been granted refugee status by the President.
(2) (New, SG No. 52/2007) Paragraph 1, item 1 shall not apply when the alien states grounded reasons resulting from persecution in the past to decline protection from his/her country of origin.
Article 16. (Amended, SG No. 31/2005, repealed, SG No. 52/2007).
Article 17. (Amended, SG No. 31/2005, SG No. 52/2007) (1) The refugee status or humanitarian status shall be revoked, where:
1. the conditions set out in Article 15 (1) Items 1-5 and 9 are found to exist with respect to the alien
2. the alien declares that he/she no longer wishes to enjoy the status granted to him/her.
(2) Granted refugee status shall be revoked where the conditions set out in Article 12 (1) or Article 13 (1) items 6 and 7 are found to exist with respect to the alien
(3) Granted humanitarian status shall be revoked where the conditions set out in Article 12 (2) or Article 13 (1) items 6 and 7 are found to exist with respect to the alien.
(4) Temporary protection shall be revoked where the conditions set out in Article 12(1) items 1-3 are found to exist with respect to the alien or when there are serious grounds to believe that he/she is a risk to national security or the public.
Article 18. The President of the Republic of Bulgaria may revoke the asylum status, where he deems that the circumstances justifying the granting of asylum have changed or no longer exist.
Article 19. The withdrawal or termination of protection or the discontinuance of the procedure with respect to an alien shall not result in withdrawal, termination or change of the status of the other members of his/her family, unless relevant grounds are established in their respect thereof too.
Chapter Four
RIGHTS AND OBLIGATIONS OF ALIENS SEEKING OR GRANTED
PROTECTION
Section I
General Conditions
Article 20. No restrictions shall be allowed with respect to the rights or privileges of aliens seeking or granted protection in the Republic of Bulgaria, based on race, nationality, ethnic origin, sex, descent, religion, education, convictions, political affiliation, personal and social status or property status.
Article 21. (Repealed, SG No. 52/2007).
Article 22. (Amended, SG No. 52/2007) Family members of an alien who has been granted asylum, refugee status or humanitarian status that are located on the territory of the Republic of Bulgaria shall enjoy the same rights and responsibilities unless this contravenes their personal status or facts stipulated under article 12 are in place.
Article 23. (1) Aliens seeking or granted protection shall be entitled to assistance and help by the United Nations High Commissioner for Refugees and by other government or nongovernmental organizations at any stage of the procedure and after protection has been granted.
(2) The State shall provide conditions for any alien seeking protection in the Republic of Bulgaria, to obtain legal protection.
Article 24. Every alien seeking or granted protection shall have the right to profess a religion in accordance with the Constitution and the laws.
Article 25. (1) (Amended, SG No. 52/2007) A guardian or a custodian shall be appointed for any unaccompanied minor or juvenile alien seeking or granted protection, who is in the territory of the Republic of Bulgaria, under the conditions and procedure set forth in the Family Code.
(2) (Amended, SG No. 31/2005, repealed, SG No. 52/2007).
(3) (Amended, SG No. 52/2007) The State Agency for Refugees shall exercise control and shall take measures for the protection of minor or juvenile aliens seeking protection from physical or psychological harassment, cruel, inhuman or degrading treatment.
(4) (Repealed, SG No. 52/2007).
(5) (New, SG No. 31/2005, amended, SG No. 52/2007) In case an unaccompanied minor or juvenile alien who seeks or has been granted protection has no guardian appointed, respectively custodian, he/she shall be represented during the procedure by the authority specified under Article 15 (7) of the Child Protection Act.
Article 26. (Amended, SG No. 52/2007) (1) Minor and juvenile aliens seeking protection are entitled to education and vocational training according to requirements and procedures applicable to Bulgarian nationals.
(2) Aliens who have been granted protection are entitled to vocational training according to requirements and procedures applicable to Bulgarian nationals.
Article 27. (Amended, SG No. 52/2007) (1) Minor and juvenile aliens seeking protection are entitled to education and vocational training according to requirements and procedures applicable to Bulgarian nationals.
(2) Aliens who have been granted protection are entitled to vocational training according to requirements and procedures applicable to Bulgarian nationals.
Article 28. The aliens seeking or granted protection who reside in the territory of the Republic of Bulgaria are under an obligation to abide by, and observe the Constitution and the laws.
Section II
Rights and Obligations of Protection-Seeking Aliens during
the Procedure
Article 29. (Amended, SG No. 52/2007) (1) For the duration of the procedure the alien is entitled:
1. to remain on the territory of the Republic of Bulgaria;
2. to receive shelter and food;
3. to receive social welfare allowance according to the procedure and in the amount applicable to Bulgarian nationals;
4. to receive health care, access to medical help and gratuitous medical services according to requirements and procedures applicable to Bulgarian nationals;
5. to receive psychological support;
6. to receive a registration card;
7. to receive a translator or interpreter.
(2) The rights stipulated under paragraph 1 shall also be granted to aliens who are subject to procedures under Article 67a (2) item 1 related to the identification of a country that is competent to address their status applications. The rights stipulated under paragraph 1, items 6 and 7 shall also be granted to aliens who are subject to procedures under article 67a(2), item 2 related to the identification of a country that is competent to address their status applications.
(3) An alien is entitled to have access to the labour market if the procedure has not been finalized within one year upon submission of the status application for reasons beyond his/her control.
(4) An alien shall be accommodated in a transit registration centre or another type of shelter provided by the State Agency for Refugees upon assessing the health condition, family status and living conditions of the alien according to requirements and procedures determined by the Chairperson of the State Agency for Refugees. The alien goes through medical screening and testing and is quarantined by the time of obtaining the findings thereof.
(5) The rights specified under paragraph 1, items 2 and 3 shall not be granted to an alien who does not belong to a vulnerable group and:
1. submits a subsequent status application;
2. the procedure based on the status application was suspended.
(6) When the alien has financial means to provide for his/her basic needs, in the course of the general procedure he/she may obtain permission to be accommodated at his/her expense at an address of his/her choice and will not receive financial and in-kind assistance from the State Agency for Refugees.
(7) Unaccompanied minor or juvenile aliens shall be accommodated by the time they become of age:
1. with relatives or close acquaintances;
2. with a foster family;
3. in a specialized institution;
4. in other accommodation facilities with special conditions for minor and juvenile persons.
Article 30. (Amended, SG No. 52/2007) During the procedure an alien must:
1. follow the orders and make sure he/she does not impede the officials from performing their official duties;
2. submit all documents he/she holds for himself/herself and for the accompanying underage children, which may be used to establish their identity and citizenship, as well as the manner of their transportation and entry in the Republic of Bulgaria;
3. certify, where he/she does not hold the documents referred to in Item 2, his/her identity, date and place of birth, and family status, and those of the accompanying underage children, by means of a declaration before an official, for whose accuracy he/she shall be criminally liable under Article 313 of the Criminal Code;
4. observe the internal rules at the transit, registration-and-reception and integration centres, participate in the activities related to their maintenance, hygiene and improvement, and take good care of the property given to him for use;
5. reside at addresses authorized by the State Agency for Refugees;
6. not enter the border area of the Republic of Bulgaria without due clearance;
7. not leave the territory of the Republic of Bulgaria without the clearance from the State Agency for Refugees;
8. assist in the clarification of his/her case by providing the competent officials with full and true information.
9. (new, SG No. 52/2007) give fingerprints.
Article 30a. (New, SG No. 52/2007) The application of the provisions of this Section shall reflect the delicate situation of vulnerable aliens such as minor or juvenile persons, pregnant women, elderly persons, single parents with their minor or juvenile children, persons with disabilities and persons who were victims of serious psychological, physical or sexual harassment.
Section III
Rights and Obligations of Aliens Who Have Been Granted
Protection
Article 31. The aliens in the Republic of Bulgaria who have been granted asylum or refugee status shall have equal rights and obligations.
Article 32. (1) (Amended, SG No. 52/2007) An alien who was granted refugee status shall have the rights and responsibilities of a Bulgarian national except:
1. the right to participate in general and municipal elections, in national and regional referenda, to participate in the establishment of political parties and be a member of such parties;
2. the right to hold positions for which Bulgarian citizenship is required by law;
3. the right to serve in the army;
4. other restrictions explicitly provided for by law.
(2) (New, SG No. 52/2007) The alien shall be notified about the rights and responsibilities resulting from the status granted in a language that he/she understands.
(3) (Renumbered from paragraph 2, SG No. 52/2007) A alien who has been granted refugee or humanitarian status may be provided with financial support for housing for a period of up to 6 months from the date of entry into force of the status-granting decision, under conditions and procedure laid down by the Chairperson of the State Agency for Refugees in coordination with the Minister of Finance.
(4) (Renumbered from paragraph 3, SG No. 52/2007) A alien who has been granted refugee status, shall have the right to acquire real estates on the territory of the Republic of Bulgaria under the conditions and procedure provided for aliens.
Article 33. (Amended, SG No. 52/2007) (1) Unaccompanied minor or juvenile aliens who were granted refugee status or humanitarian status shall be accommodated by the time they become of age:
1. with relatives or close acquaintances;
2. with a foster family;
3. in a specialized institution;
4. in other accommodation facilities with special conditions for minor and juvenile persons.
(2) accommodation under paragraph 1, items 1-3 shall comply with the procedure stipulated in the Child Protection Act.
Article 34. (1) (Amended, SG No. 31/2005, amended and supplemented, SG No. 52/2007) Any alien who has been granted refugee status or humanitarian status shall be entitled to ask to be reunited with his/her family on the territory of the Republic of Bulgaria.
(2) (Amended, SG No. 31/2005, SG No. 52/2007) The Chairperson of the State Agency for Refugees shall issue permissions for family reunion.
(3) (New, SG No. 52/2007) The Chairperson of the State Agency for Refugees shall refrain from granting permission:
1. when facts specified under article 12 (1) items 1 - 3 are relevant to any one member of the family;
2. with respect to a different spouse in cases of polygamy when the alien already has a spouse in the Republic of Bulgaria.
(4) (New, SG No. 52/2007) The Chairperson of the State Agency for Refugees shall permit an unaccompanied minor or juvenile alien who has been granted status to reunite with his/her parents or another adult member of his/her family or a person who is in charge of him/her pursuant to some legal act or custom in case the parents are deceased or missing.
(5) (New, SG No. 52/2007) When the alien is unable to provide official papers evidencing marriage or kinship, those shall be established by means of a statement thereof signed by the alien or by other means.
(6) (New, SG No. 52/2007) A transcript of the resolution shall be delivered to the alien according to the procedure of article 76.
(7) (Renumbered from paragraph 3, supplemented, SG No. 52/2007) Visas shall be issued to family members by the Bulgarian diplomatic or consular representations after a permission has been granted as per Paragraph (2) and (4).
(8) (New, SG No. 52/2007) The State Agency for Refugees shall facilitate the reunion of separated families by assisting aliens in issuing travel documents and visas, and ensuring that they are allowed on the territory of the country.
(9) (New, SG No. 52/2007) When the whereabouts of the family members is unknown, the State Agency for Refugees in conjunction with the United Nations High Commissioner for Refugees, the Bulgarian Red Cross and other organizations shall undertake action to trace them.
Article 35. Any alien who has been granted refugee or humanitarian status, shall be obliged, within 14 days of the receipt of the decision for the award of such status, to appear at the municipality in the population centre where he/she will settle, to be entered in the residents register.
Article 36. Any alien who has been granted humanitarian status shall have the same rights and obligations as an alien holding a permanent residence permit in the Republic of Bulgaria.
Article 37. The bodies of local government and local administration shall accept in their territory and shall enter in the residents registers the aliens who have been granted refugee or humanitarian status, and their families, and shall provide them with an opportunity to enjoy the rights granted by this Act.
Article 38. (Amended and supplemented, SG No. 52/2007) Any alien who has been granted asylum, refugee status or humanitarian status may acquire Bulgarian citizenship under the conditions and the procedure laid down in the Bulgarian Citizenship Act.
Article 39. (Amended, SG No. 52/2007) (1) Aliens enjoying temporary protection are entitled:
1. to remain on the territory of the Republic of Bulgaria;
2. to be able to work and receive vocational training;
3. to have appropriate housing or financial means to obtain accommodation, if necessary;
4. to social assistance;
5. to emergency medical help;
6. to be free to go back to their country of origin;
(2) Aliens who were granted temporary protection shall be provided with written information in a language they understand concerning temporary protection rules.
(3) Aliens belonging to a vulnerable group and who were granted temporary protection shall receive necessary medical or other services according to requirements and procedures applicable to Bulgarian nationals.
(4) Unaccompanied minor or juvenile aliens who were granted temporary protection shall be accommodated:
1. with relatives or close acquaintances;
2. with a foster family;
3. in a specialized institution;
4.in other accommodation facilities with special conditions for minor and juvenile persons.
(5) An alien who was granted temporary protection and has in its course applied for status, will not be able to enjoy the rights granted to aliens who undergo the status granting procedure.
(6) Upon transfer of the alien to the territory of another European Union member-state, the alien shall no longer be entitled to the rights specified in paragraphs 1-4.
Article 39a. (New, SG No. 52/2007) (1) An alien who was granted temporary protection shall have the right to reunite with his/her spouse, with their juvenile and unmarried children provided that they declare their willingness to do so.
(2) The Chairperson of the State Agency for Refugees may allow the reunion of an alien enjoying temporary protection with other close relatives who used to belong to one household when the relevant events occurred and were dependents of the alien in his/her country of origin. In each specific case additional difficulties that would result from failure to reunite and that would affect those individuals are contemplated as well.
(3) When the whereabouts of the family members are unknown, the State Agency for Refugees on conjunction with the United Nations High Commissioner for Refugees, the Bulgarian Red Cross and other organizations shall undertake measures for tracing them.
(4) In case of reunion family members shall have all the rights that were given to aliens who have been granted temporary protection.
(5) In case the family reunites on the territory of another European Union member-state, the alien will no longer enjoy the rights stipulated under article 39.
Section IV
Documents of aliens who have applied for or have been granted protection
(Title amended, SG No. 52/2007)
Article 40 (Amended, SG No. 52/2007) (1) Aliens seeking or granted protection shall be issued the following types of documents:
1. registration card;
2. card of an alien who was given asylum;
3. refugee card;
4. card of an alien who has been granted humanitarian status;
5. foreign travel certificate of an alien who was given asylum;
6. refugee foreign travel certificate;
7. foreign travel certificate of an alien with humanitarian status;
8. alien's certificate of return to the Republic of Bulgaria;
9. transfer permit.
(2) Any alien above the age of 14 and any alien under the age of 14 who is unaccompanied by a member of their family shall be issued registration cards.
(3) The registration card cannot validate an alien's identity.
Article 41. (Amended, SG No. 52/2007) (1) The State Agency for Refugees shall issue:
1. a registration card to an alien who has applied for asylum - valid for three months.
2. a registration card to an alien who undergoes a procedure for identifying the country which is competent to address his/her status application - valid for three months.
3. a registration card to an alien who undergoes an accelerated procedure for status acquisition - valid for one month.
4. a registration card to an alien who undergoes the general status acquisition procedure - valid for three months.
5. a registration card to an alien who was granted temporary protection - for the duration of the protection period.
6. transfer permit to an alien who was granted temporary protection.
(2) The term of validity of the registration card under paragraph 1, items 1 - 4 may be extended with the initially defined duration until completion of relevant procedures.
(3) In case of extension of the temporary protection period, the registration card of an alien who was granted temporary protection shall be extended accordingly.
Article 42. (1) (Amended and supplemented, SG No. 52/2007) A foreign travel certificate of an alien who was given asylum or a refugee foreign travel certificate shall give the holder thereof the right to leave and enter the Republic of Bulgaria within the term of its validity and under the conditions and procedure applicable to Bulgarian nationals, provided that no other requirements exist in the country of destination.
(2) The foreign travel certificate of an alien with humanitarian status shall give the holder thereof the right to leave and enter the Republic of Bulgarian within the term of its validity, under the conditions and procedure applicable to aliens permanently residing in the Republic of Bulgaria.
Article 43. (Repealed, SG No. 52/2007).
Article 44. (Amended, SG No. 52/2007) (1) The registration card shall contain the following data:
1. status of the alien in accordance with this Act;
2. document number;
3. personal Identification Number or Alien Personal Number in accordance with the alien's status;
4. sex;
5. holder's photograph;
6. holder's signature;
7. date of issuance;
8. expiration date;
9. extension date;
10. issuing authority;
11. current address;
12. reference to the section of this Act by force of which the alien is entitled to stay in the Republic of Bulgaria;
13. national ID document;
14. other data.
(2) In addition to the data stipulated in paragraph 1, the registration card shall also contain the data stated by the alien:
1. name;
2. date of birth;
3. place of birth;
4. nationality;
5. name and date of birth of his/her juvenile children accompanying him/her;
6. languages he/she speaks.
(3) The names of the alien on the registration card shall have the same order and number as stated in the foreign travel document the alien used to enter the Republic of Bulgaria or another ID document. If the alien does not have such documents, his/her name shall follow the order specified in the Declaration stipulated in article 30, item 3.
Article 44a. (New, SG No. 52/2007) Any alien who was issued a registration card must ensure that it is not damaged, destroyed or lost.
Article 44b. (New, SG No. 52/2007) (1) No fees are collected with reference to issuing documents under article 40 (1) items 1 and 9 and extending documents under article 40 (1) item 1.
(2) If an alien holding a registration card loses, damages or destroys that card, shall pay BGN 10 for the issuance of a new one.
Article 45. (1) (Amended, SG No. 52/2007) The templates of registration cards shall be approved by an act of the Council of Ministers and shall be published in the State Gazette.
(2) (New, SG No. 52/2007) The transfer permit under Article 40 (1) item 9 shall be issued according to the template attached hereto.
(3) (Renumbered from paragraph 2, SG No. 52/2007) Any procedure and conditions for the issue and use of identity documents not provided for by this Section shall be governed by the Bulgarian Identity Documents Act.
Chapter Five
SPECIALIZED STATE BODY AND ADMINISTRATION
Article 46. The Chairperson of the State Agency for Refugees shall be a body of the executive power vested with special competence.
Article 47. (1) The State Agency for Refugees under the Council of Ministers shall be a legal person financed through the state budget and shall have its seat in Sofia with territorial units throughout the country.
(2) The territorial units of the State Agency for Refugees shall be:
1. (amended, SG No. 52/2007) transit centres: for registration, accommodation, medical examination, and implementation of procedures to identify a country competent to address the relevant status application and accelerated procedures in respect of illegal aliens;
2. (amended, SG No. 52/2007) registration-and-reception centres: for registration, accommodation, medical examination, social and medical assistance and implementation of procedures to identify a country competent to address the relevant status application and status determination procedures; for accommodation of aliens applying for asylum;
3. integration centres: for providing Bulgarian language training, vocational training and other activities that are essential to the integration of aliens seeking or granted protection in the Republic of Bulgaria.
(3) (Supplemented, SG No. 109/2007) The transit, registration-and-reception and integration centres shall be opened and closed down by the Council of Ministers on a motion from the Chairperson of the State Agency for Refugees in coordination with the Minister of Finance, the Minister of Interior, the Minister of Labour and Social Policy, the Minister of Justice, the Minister of Foreign Affairs, the Minister of Regional Development and Public Works, the Chairperson of the State Agency for National Security and the Mayor of the relevant municipality.
(4) The operation, structure, proceedings and composition of the State Agency for Refugees and the units thereof shall be governed by Rules of Procedure adopted by the Council of Ministers.
Article 48. (1) (Amended, SG No. 52/2007) The Chairperson of the State Agency for Refugees shall:
1. grant, refuse, withdraw and discontinue refugee status and humanitarian status in the Republic of Bulgaria; revoke temporary protection in the cases specified under article 17 (4).
2. suspend and discontinue the status determination procedure;
3. decide on applications for family reunions;
4. decide on other applications filed by aliens with respect to whom status determination procedure has been opened or aliens who have been granted refugee or humanitarian status in the Republic of Bulgaria;
5. inform the Council of Ministers of the necessity to introduce temporary protection on the territory of the Republic of Bulgaria; inform on the necessity of extending the temporary protection period;
6. issue penalizing decrees under Chapter Eight;
7. approve the templates of documents issued by the State Agency for Refugees, except for the registration card;
8. submit a proposal to the Council of Ministers for the approval of the templates of registration cards;
9. designate the decision-making bodies of the State Agency for Refugees which shall conduct the procedures provided for in Chapter Six, Section Ian;
10. designate the interviewing bodies of the State Agency for Refugees which shall conduct the accelerated procedures provided for in Chapter Six, Section II;
11. manage and allocate the funds from the budget, supervise their disbursement for specific purposes, in coordination with the Minister of Finance and the Minister of Labour and Social Policy, define the expenditure thresholds for in-kind and financial support to aliens seeking protection or to those who were granted status.
(2) At the request of the President of the Republic of Bulgaria, the Chairperson of the State Agency for Refugees shall give an opinion on any asylum application lodged.
(3) (Amended, SG No. 52/2007) Every year as well as in case of significant change in the overall situation in a particular country of origin and in case of significant influx of aliens from that country, the Chairperson of the State Agency for Refugees shall define the categories of aliens whose cases shall be reviewed based on the following criteria:
1. the nature and degree of respect for human rights in the relevant countries or parts of them;
2. the operations of international organizations in the relevant countries;
3. the policy of other European Union Member States regarding persons seeking protection from the relevant countries of origin.
Article 49. (1) The Chairperson of the State Agency for Refugees shall be designated by a decision of the Council of Ministers and shall be appointed by the Prime Minister of the Republic of Bulgaria.
(2) The Chairperson of the State Agency for Refugees shall be a Bulgarian national who does not hold any other citizenship, and who has a university degree and not less than five years of work experience.
Article 50. (1) In the performance of his/her activities, the Chairperson of the State Agency for Refugees shall be assisted by two deputy chairpersons.
(2) The deputy chairpersons shall be appointed by the Prime Minister on a motion from the Chairperson of the State Agency for Refugees. The deputy chairpersons shall be Bulgarian nationals who do not hold any other citizenship, and who have a university degree and work experience of five years or more.
Article 51 (1) (Previous article 51, SG No. 52/2007) The transit, registration-and-reception and integration centres shall be managed by directors.
(2) (New, SG No. 52/2007) Directors of transit-and-reception centres shall make decisions specified in article 29 (4) - (7).
Article 52. (Amended, SG No. 52/2007) The Chairperson of the State Agency for Refugees may delegate his/her powers under Article 48 (1), Items 1 - 4 and 6, except for the power to withdraw status, to the deputy chairpersons of the State Agency for Refugees.
Article 53. The State Agency for Refugees shall:
1. (amended, SG No. 52/2007) organize the reception and temporary accommodation of aliens who have applied for status or have been granted protection in the territory of the Republic of Bulgaria and, in cooperation with the Bulgarian Red Cross and other non- governmental organizations, provide them assistance in adapting to the Bulgarian conditions; organize Bulgarian language courses and vocational training courses;
2. organize, at the request of the President of the Republic of Bulgaria, investigation and clarification of facts and circumstances relating to a filed asylum application;
3. issue documents for certification purposes;
4. (amended, SG No. 52/2007) organize, jointly with the central bodies of the executive power, the Bulgarian Red Cross and other non-governmental organizations, the activities relating to the provision of social, medical and psychological assistance for aliens who have applied for status or have been granted protection; assist in the integration of aliens who have been granted protection;
5. (amended, SG No. 52/2007) carry out, jointly with the bodies of the local government and local administration, the Bulgarian Red Cross and other non-governmental organizations, awareness activities on refugee issues, and organize charitable events for material assistance;
6. (amended, SG No. 52/2007) develop independently or participate in the drafting of legal instruments and international treaties relating to the protection of aliens, and develop programs for integration in the Bulgarian society of aliens who were granted protection;
7. (amended, SG No. 52/2007) fulfil the functions entrusted to it by the temporary protection action plan;
8. cooperate with the United Nations High Commissioner for Refugees in the performance of his/her functions, facilitate the monitoring of the implementation of the provisions of the Convention relating to the Status of Refugees of 1951 and the Protocol relating to the Status of Refugees of 1967, and provide information and statistical data;
9. (repealed, SG No. 52/2007);
10. assign the performance of studies and analyses on refugee problems, organize conferences and seminars and publish information materials on the problems of refugees.
11. (new, SG No. 52/2007) organize the selection and registration of translators as well as their training related to the specific requirements of the translation process;
12. (new, SG No. 52/2007) be the competent authority with respect to funding from the European Refugee Fund which shall develop programs and coordinate them with the European Commission, organize tender procedures, project selection, disburse payments, ensure technical implementation, financial supervision, monitoring and evaluation of the Fund funding; those powers may be partially delegated to other government authorities;
13. (new, SG No. 52/2007) provide a regular update to the European Commission about the number of individuals who have applied for status and the number of registration cards issued.
Article 54. (1) The State Agency for Refugees shall, jointly with the Ministry of Foreign Affairs, the International Federation of Red Cross and Red Crescent Societies, the International Committee of the Red Cross and the non-governmental organizations, provide assistance to aliens seeking or granted protection, before the authorities of another state or before an international body, in providing them with the documents required for the exercise of their rights.
(2) Where for objective reasons a alien seeking or granted protection cannot be provided with a document under the procedure laid down in paragraph (1), the State Agency for Refugees shall, based on the facts it has established and on a declaration signed by the alien, make arrangements for the issue of a certificate. Based on this certificate, the competent authorities shall issue a Bulgarian document that enables the said alien to exercise those rights.
(3) The documents issued in accordance with paragraph (2) shall substitute the official documents issued to aliens by or through the authorities of their countries.
(4) The foreign documents of education, qualification, academic degree or title, held by aliens seeking or granted protection shall be recognized in accordance with the domestic legislation and the terms and conditions laid down in international treaties to which the Republic of Bulgaria is a party.
Article 55. Donations and grants received, as well as the funds received under international programs and agreements shall be credited to an extra- budgetary account of the State Agency for Refugees in accordance with Article 45, paragraph (2) of the State Budget Procedures Act, and shall be used for the purposes which they were provided for.
Article 56. (1) The State Agency for Refugees may, independently or jointly with the bodies of the local government and local administration, the Bulgarian Red Cross and other non-governmental organizations, organize auxiliary economic activities whereby the aliens seeking or granted protection shall be offered an opportunity for vocational training and work.
(2) The activities referred to in paragraph (1) shall be financed with target funds from the extra-budgetary account or from the national budget.
Article 57. The officials of the State Agency for Refugees shall certify their official capacity by means of an official card. The bodies of the state and local government and local administration shall be obliged to assist the officials of the State Agency for Refugees in the performance of their official duties.
Chapter Six
PROCEDURE
Section I
General Rules
Article 58. (1) Any alien who asks to be granted asylum shall submit a written application to the President of the Republic of Bulgaria. Where the application is filed with another state authority, the latter must forthwith forward it to the President.
(2) (Repealed, SG No. 52/2007).
(3) (Amended, SG No. 52/2007) An alien may personally state his/her wish to be granted status before an official at the State Agency for Refugees.
(4) (Amended, SG No. 52/2007) Where the application referred to in paragraph (3) is filed with another state authority, the latter must forthwith forward it to the State Agency for Refugees.
(5) (Amended, SG No. 52/2007) An alien who was granted temporary protection shall be entitles submit an application for refugee or humanitarian status.
(6) (Amended and supplemented, SG No. 52/2007) No later than 15 days upon application submission, the applicant must be guided through the established requirements for filing the application, the procedure to be followed, his/her rights and obligations, and the organizations providing legal and social assistance to aliens in a language he/she understands.
(7) (Repealed, SG No. 52/2007, new, SG No. 109/2007) Upon receipt of a request for special protection, the competent authorities shall mandatorily require a written opinion on behalf of the State Agency for National Security.
Article 59. (1) (Amended, SG No. 52/2007) The application for status may be in a written, oral or any other form and, translation or interpretation services shall be provided where needed. An application which is not made in writing, shall be recorded by the competent official and shall be signed or otherwise authenticated by the applicant and by the translator or interpreter.
(2) (Amended, SG No. 52/2007) The application must contain a request to the Republic of Bulgaria.
Article 60. (1) (Amended, SG No. 52/2007) The identity documents of the alien applying for status shall be withheld by and kept at the State Agency for Refugees until the procedure is completed with an effective decision.
(2) (Amended, SG No. 52/2007) Officials of the State Agency for Refugees shall search the alien check the belongings carried by him/her, take a photograph and fingerprints as well as other and record other identifying biometric features under the conditions and procedure laid down by the Ministry of Interior Act while respecting the alien's dignity.
(3) (Amended, SG No. 52/2007) Officials who perform the activities as per paragraph (2) shall be designated by an order of the Chairperson of the State Agency for Refugees.
(4) (New, SG No. 52/2007) Fingerprints and other identifying biometrics as well as the alien's personal data may be used in the exchange of information with other countries with respect to the procedure under Section Ia, provided that the alien is notified thereof.
Article 61. (Amended, SG No. 52/2007) (1) The application for asylum shall be registered with the Presidential Administration.
(2) An alien who has applied for status shall be registered at the State Agency for Refugees and his/her personal file shall be created.
(3) When there are reasonable grounds to believe that the alien is minor or juvenile the interviewing authority shall appoint an investigation to establish his/her age.
(4) When there are reasonable grounds to believe that the alien cannot attend to his/her needs due to retardation or a mental condition, the interviewing body shall appoint a psychiatric examination.
Article 62. The President of the Republic of Bulgaria may grant asylum even if the conditions as per Article 48, paragraph (2) and Article 53, paragraph (2) are not fulfilled.
Article 63. (Amended, SG No. 52/2007) (1) The State Agency for Refugees shall have the right to collect information about aliens who have applied for status in order to identify the country that is competent to review the application, establish the identity and clarify the circumstances relating to the application filed.
(2) During the registration process the State Agency for Refugees shall collect data about the name, nationality, date and place of birth, sex, marital status and kinship, identification papers and other documents owned by aliens.
(3) The sources of information as per paragraph (1) may be both the aliens themselves and Bulgarian or foreign natural or legal persons.
(4) No information about aliens who are seeking or have been granted protection shall be gathered from or divulged to the persecuting official authorities and organizations.
(5) The State Agency for Refugees shall create its own information bank under a procedure set out by its Chairperson and in compliance with the Personal Data Protection Act.
Article 63a. (New, SG No. 52/2007) (1) Upon registration completion a date for an interview is appointed. The alien who has applied for status shall be notified in due time about the date of each subsequent interview appointment.
(2) The alien must provide his/her own evidence by the time the ruling on his/her application is issued and in case no such evidence is provided the ruling shall still be pronounced regardless of the absence thereof.
(3) An interview shall be conducted with the alien and minutes shall be taken during that interview. As needed by the relevant procedure, the interviewing authority shall perform further interviews.
(4) An alien who has applied for status shall be interviewed at his/her request by an officer of an interviewing authority or a translator, respectively interpreter, of the same gender.
(5) An interview shall not be conducted with an alien who is unable to attend to his/her needs due to retardation or a mental condition or for objective reasons is unable to provide spoken or written statements.
(6) The interview shall be performed in a language requested by the alien. If this is impossible the interview shall be performed in a language that the alien is believed to be able to speak.
(7) The minutes shall be read to the alien and should be signed by him/her, by the translator or interpreter and by the interviewing authority.
(8) Is the alien refuses to sign the minutes of the interview the refusal should be authenticated by the signatures of two witnesses. The reasons for the refusal shall be noted in the minutes.
(9) In the course of an interview with a minor or juvenile alien, his/her representative shall have the right to ask questions allowed by the interviewing authority and state various reasons.
Article 64. The government agencies shall provide information requested by the State Agency for Refugees for clarifying the circumstances relating to the filed application.
Article 65. (Amended, SG No. 52/2007) The alien's personal information that was divulged in the course of the status proceedings or after status was granted shall be processed in the register of the State Agency for Refugees in compliance with requirements stipulated in the Personal Data Protection Act. That information may be used for the purposes of international cooperation by the countries signatories to the Convention relating to the Status of Refugees of 1951.
Article 66. (1) The provisions of the Foreigners in the Republic of Bulgaria Act shall apply to any alien with respect to whom there is an in force decision for status refusal, termination or withdrawal of status, or whose procedure has been discontinued.
(2) (Amended, SG No. 52/2007) The State Agency for Refugees shall notify in writing the Ministry of Interior of the decision referred to in paragraph (1).
Article 67. (1) (Amended and supplemented, SG No. 52/2007) Coercive administrative measures, such as "revocation of the right to stay in the Republic of Bulgaria ", "forcible escort to the border of the Republic of Bulgaria", "expulsion" and "ban on entering the Republic of Bulgaria " shall not be enforced prior to the completion of the procedure with an effective decision in place.
(2) (Amended and supplemented, SG No. 52/2007) The coercive administrative measures as per paragraph (1) shall be reversed, where the alien has been given asylum or granted refugee status or humanitarian status.
(3) Paragraphs (1) and (2) shall not apply where there are grounds to assume that the alien seeking or granted protection presents a threat to the national security or if he/she, having been convicted of a serious crime by a judgment that has come into effect, constitutes a threat to the community.
Section Ia
(New, SG No. 52/2007)
Procedure for determining the country that is responsible for
examining the relevant status application. Transfer.
Article 67a. (New, SG No. 52/2007) (1) The procedure under this article shall be executed in compliance with Council Regulation (EC) No. 343/2003, Commission Regulation (EC) No. 1560/2003, Council Regulation (EC) No. 2725/2000 and Council Regulation (EC) No. 407/2002.
(2) The procedure under this article shall start:
1. upon the registration of an alien applying for status;
2. (supplemented, SG No. 109/2007) upon referral to the Ministry of Interior and by the State Agency for National Security of an alien residing illegally on the territory of Bulgaria;
3. upon request for taking responsibility or return acceptance of an alien.
(3) A procedure under this article shall not start and progress in the case of a subsequent application for status on the territory of the Republic of Bulgaria.
Article 67b. (New, SG No. 52/2007) (1) After the start of the procedure necessary action shall be taken to investigate the evidence and the fact with respect to determining the country that is competent to review the relevant status application.
(2) If necessary an interview shall be performed with the alien.
Article 67c. (New, SG No. 52/2007) In the cases specified under article 67a(2) item 1 upon the completion of evidence examination and receipt of a reply from the country that was asked to review the application, the decision-making body shall:
1. start a procedure for granting status in the Republic of Bulgaria;
2. refrain from a procedure for granting status in the Republic of Bulgaria and permit the alien's transfer to the competent country.
Article 67d. (New, SG No. 52/2007) In the cases specified under article 67a(2) item 2 upon the completion of evidence examination and receipt of a reply from the country that was asked to review the application, the decision-making body shall:
1. permit the alien's transfer to the competent country;
2. terminate the procedure in case the country that was asked to review the application refuses to take responsibility or to receive the alien.
Article 67e. (New, SG No. 52/2007) (1) The decision-making body shall rule on requests for assuming responsibility or return receipt of individuals.
(2) When in the cases under article 67a(2) item 3 it is established that the Republic of Bulgaria is the competent country to review an application, the decision-making body shall start a procedure for granting status in the Republic of Bulgaria in compliance with the rules specified in Sections II, III and IV of this chapter.
(3) When a request for return receipt of an alien whose application has already been reviewed in substance, the decision-making body shall terminate the procedure under this section.
(4) When in the cases under article 67a(2) item 3 it is established that the Republic of Bulgaria is not the competent country to review an application, the decision-making body shall refuse the aliens transfer and terminate the procedure under this section.
Article 67f. (New, SG No. 52/2007, supplemented, SG No. 109/2007) The decisions under this section shall be delivered in compliance with article 76 and copies thereof shall be forwarded to the Ministry of Interior and to the State Agency for National Security.
Article 67g. (New, SG No. 52/2007) (1) The State Agency for Refugees shall make arrangements with the relevant authority of the country that is competent to review the application concerning the location, date and time of the aliens arrival on its territory and in cases of tacit receipt arrangements shall also be made with respect to the procedure for handing the alien over to the competent authorities.
(2) Alien's hand-over shall be performed upon a decision of the State Agency of Refugees and all documents belonging to the alien shall be forwarded to the country that is competent to review his/her application.
(3) If the hand-over is not performed, the State Agency for Refugees shall coordinate a new hand-over date with the relevant authority in the country competent to review the application.
Article 67h. (New, SG No. 52/2007) (1) (Supplemented, SG No. 109/2007) The Ministry of Interior and the State Agency for National Security shall provide administrative cooperation related to the receipt of an alien in the Republic of Bulgaria when the latter was established as a country competent to review his/her application and shall take action related to the aliens receipt and transfer to the State Agency for Refugees together with all accompanying documents.
(2) (Supplemented, SG No. 109/2007) The Ministry of Interior and the State Agency for National Security shall provide administrative cooperation and take action related to the hand-over of the alien to the established competent country to review his/her application together with all accompanying documents.
Article 67i. (New, SG No. 52/2007) The Republic of Bulgaria shall cover costs related to the transfer of the alien to the arrival point in the country competent to review his/her application and transportation costs from the arrival point in the Republic of Bulgaria to the State Agency for Refugees.
Article 67j. (New, SG No. 52/2007) The Council of Ministers shall adopt a regulation related to the responsibilities and coordination among governmental bodies that perform actions pertaining to the effectuation of this section.
Section II
Accelerated Procedure
Article 68. (Amended, SG No. 52/2007) (1) An accelerated procedure shall be launched:
1. Upon entering into force of the decision for launch of a procedure to grant status in the Republic of Bulgaria;
2. in case a decision was not made within the required timeframe with respect to Council Regulation (EC) No. 343/2003 and Commission Regulation (EC) No. 1560/2003.
3. upon the registration of an alien who has submitted a subsequent status application.
(2) When the Republic of Bulgaria is identified as the competent country or has received back an alien as per Council Regulation (EC) No. 343/2003 and Commission Regulation (EC) No. 1560/2003 the status determination procedure shall be launched upon the registration of the alien with the State Agency for Refugees after the hand-over.
(3) An accelerated procedure shall not be launched when the procedure for identifying a competent country to review a status application ended with a procedure termination decision.
Article 69. (Repealed, SG No. 52/2007).
Article 70. (Amended, SG No. 31/2005, SG No. 52/2007) (1) Within 3 days after the launch of the procedure the interviewing body must make a decision:
1. to turn down the application on grounds of being manifestly unfounded as per Article 13(1);
2. to discontinue the procedure as per Article 13 (2) and Article 15 (1), Items 6, 8 and 9;
3. to start a general procedure.
(2) If no decision was made within the timeline specified in paragraph 1 a general procedure shall be launched.
(3) In the cases specified under article 68 (2) the three-day period shall start upon receipt of the documents accompanying the alien.
(4) The timeline under paragraph 1 shall be interrupted by the time an expert opinion under article 62 (3) or (4) is obtained.
(5) The lack of sufficient information due to the fact that no interview was performed under article 63a (5) shall not be a reason by itself for rejecting the application.
(6) copies of the decisions under this article shall be delivered as required by article 76.
Article 71. (1) (Previous Article 71, SG No. 31/2005, amended, SG No. 52/2007) The accelerated procedure shall not be applied to an unaccompanied minor or juvenile alien who has applied for status.
(2) (New, SG No. 31/2005, amended, SG No. 52/2007) An accelerated procedure is not applicable when the application was submitted by an alien who has already been granted temporary protection.
Section III
General Procedure
Article 72. (Amended, SG No. 31/2005, SG No. 52/2007) (1) The general procedure shall start:
1. upon entry into force of the decision under article 70 (1) item 3;
2. in the cases specified in article 70 (2);
3. upon alien's registration after termination or revocation of granted temporary protection with respect to aliens who have applied for status while in temporary protection.
(2) A general procedure with respect to unaccompanied minor or juvenile aliens shall start:
1. upon entering into force of the decision authorizing the launch of a procedure to grant status in the Republic of Bulgaria;
2. when a decision has not been made within the specified timeline;
3. upon the alien's registration in case he/she has submitted a subsequent status application;
4. upon the alien's registration with the State Agency for Refugees after hand-over, when the Republic of Bulgaria is established as the competent country to review the application;
5. upon alien's registration after termination or revocation of granted temporary protection with respect to aliens who have applied for status while in temporary protection.
Article 73. (Amended and supplemented, SG No. 31/2005, amended, SG No. 52/2007) Status applications shall be reviewed by the State Agency for Refugees which will first discuss the refugee status option. If refugee status is not granted, humanitarian status is the option to be discussed.
Article 74. (Amended, SG No. 52/2007) Within two months of the launch of the general procedure, the interviewing body shall draw up an opinion, which shall be submitted to the Chairperson of the State Agency for Refugees together with the personal file.
Article 75. (1) (Amended, SG No. 52/2007) The Chairperson of the State Agency for Refugees shall, within three months of the launch of the general procedure, make a decision whereby he/she shall:
1. grant refugee status;
2. refuse refugee status;
3. grant humanitarian status;
4. refuse humanitarian status.
(2) (Amended, SG No. 52/2007) The ruling on the status application shall take into account all relevant facts concerning the applicant's personal situation, his/her country of origin or third countries. When the applicant's statements are not supported by evidence, they shall be deemed reliable if the individual has made an effort to justify the application and has given a satisfactory explanation of the lack of evidence. The lack of sufficient data of persecution including lack thereof due to the failure to perform an interview under article 63a (5) may not form the sole reason for a refusal to grant status.
(3) (Amended, SG No. 52/2007) Where the information gathered on a specific case is insufficient, the Chairperson of the State Agency for Refugees may extend the time limit as per paragraph 1 to up to three months. The alien shall be informed thereof by means of a recorded delivery message.
(4) (Repealed, SG No. 52/2007).
(5) (Repealed, SG No. 52/2007).
Article 76. (1) A copy of the decision of the Chairperson of the State Agency for Refugees shall be served on the alien seeking protection. The contents of the decision, as well as the rights and obligations arising there from, shall be explained to the alien in a language he/she understands.
(2) The receipt of the decision shall be certified by the signatures of the alien seeking protection and of the translator or interpreter. The refusal of the alien to sign the decision shall be certified by the signatures of two witnesses.
(3) Where the decision is not served in person within 14 days of the issue thereof, the alien shall be sent a notice accompanied by an acknowledgement of receipt.
(4) In the event of failure to appear within 7 days of receipt of the notice accompanied by an acknowledgement of receipt, the decision shall be deemed served.
(5) If the notice and advice of delivery is returned to the State Agency for Refugees due to impossible delivery, the decision shall be deemed served.
(6) (New, SG No. 52/2007) Upon delivery of the decision to the alien, the latter shall be entitled to review his/her personal file.
Section IV
Suspension and Discontinuance of Status Determination Procedure
Procedure to Withdraw and Terminate Status Granted
(Title amended, SG No. 52/2007)
Article 77. (1) The Chairperson of the State Agency for Refugees shall, on a proposal from the competent interviewing body, suspend the status determination procedure as per Article 14.
(2) (Supplemented, SG No. 52/2007) The suspended procedure shall be resumed, if the alien seeking protection produces evidence that objective obstacles have made him/her change address or have prevented him/her from appearing or assisting the officials.
(3) (New, SG No. 52/2007) The Chairperson of the State Agency for Refugees shall terminate the status determination procedure based on a proposal by the interviewing body, based on circumstances provided for in this Act or based on a request by the alien.
Article 78. (Amended, SG No. 52/2007) (1) In the light of new information, the interviewing body shall make proposals for revocation or discontinuation of status granted.
(2) The status revocation or discontinuation procedure shall be launched upon a decision by the Chairperson of the State Agency for Refugees.
(3) The alien shall be notified with a recorded delivery letter about the launch of the said procedure, the reasons thereof, the date and location for an interview in the course of which the alien will be given the opportunity to state any objections he/she may have to the status revocation or discontinuation.
(4) In the course of the status revocation or discontinuation procedure articles 63, 63a, 74 and 75(3) shall apply.
(5) Within three months after the launch of the procedure the Chairperson of the State Agency for Refugees shall make a decision to revoke or discontinue the alien's status. The Chairperson of the State Agency for Refugees shall pass a decision regardless of the absence of objections on the part of the alien when those have not been voiced for reasons under the alien's control.
(6) When the Chairperson of the State Agency for Refugees does not find reasons for status revocation or discontinuation, he/she shall terminate the procedure.
Article 79. (Amended, SG No. 52/2007) (1) The status revocation or discontinuation procedure may be launched based on a request by an alien who has been granted status.
(2) The request should be filed in compliance with article 59 (1).
(3) The request shall contain:
1. The names, address and Personal Identification Number of the alien;
2. The reasons of the request;
3. The essence of the request;
4. Aliens signature.
(4) Within one month after submission of the said request the Chairperson of the State Agency for Refugees shall pass a decision whereby status shall be discontinued.
Article 79a. (New, SG No. 52/2007) Decisions under this section shall be delivered in compliance with article 76 with the exception of the procedure termination decision.
Section V
Rules on Temporary Protection
Article 80. (Amended, SG No. 52/2007) (1) The Council of Ministers shall:
1. make a request to the European Commission for introduction of temporary protection;
2. inform the European Commission about the capacity of the Republic of Bulgaria to receive aliens needing temporary protection;
3. appoint a national contact point and notify the other European Union Member States and the European Commission thereof;
4. adopt an action plan for temporary protection in the Republic of Bulgaria;
5. make a request to the European Commission regarding discontinuation of temporary protection or extension thereof;
6. undertake measures to facilitate the voluntary return of aliens who have been granted temporary protection or whose temporary protection has been discontinued.
(2) The action plan for temporary protection shall contain:
1. the organization and functions of a temporary operational body that will implement the plan;
2. the funding mechanisms;
3. procedures to ensure food and shelter.
Article 81. (Amended, SG No. 52/2007) (1) The temporary operational body shall exchange information with the European Union Member States and European Union bodies, as well as with the United Nations High Commissioner for Refugees regarding the national legislation and other provisions related to the implementation of temporary protection, the number of aliens who have been granted temporary protection, the capacity for additional aliens who may be received and information about individual aliens in the cases of family reunions and transfer of aliens enjoying temporary protection.
(2) The temporary operational body shall handle issues related to temporary protection in conjunction with international and Bulgarian organizations.
Article 82. (Amended, SG No. 52/2007) (1) Temporary protection shall be discontinued:
1. upon the expiration of its term;
2. upon a decision of the Council of the European Union.
(2) The Chairperson of the State Agency for Refugees shall revoke temporary protection with respect to an alien in the cases stipulated in article 17 (4). If there is a revocation ruling the provisions of article 78 shall apply and a copy of the ruling shall be delivered per the provisions of article 76.
(3) Upon revocation or discontinuation of temporary protection the alien shall abide by the provisions of the Foreigners in the Republic of Bulgaria Act unless he/she has applied for status.
Article 83. (Amended, SG No. 52/2007) (1) The Republic of Bulgaria shall receive back on its territory aliens registered in the country as persons enjoying temporary protection who illegally stay or attempt to enter on the territory of another European Union Member State.
(2) The Republic of Bulgaria shall receive back on its territory aliens registered in the country as persons enjoying temporary protection who have gone back to their country of origin.
Chapter Seven
JUDICIAL SUPERVISION
(Section I. Appeal of Accelerated Procedure Decisions)
(Title repealed, SG No. 52/2007)
Article 84. (Amended, SG No. 30/2006, effective 1.03.2005, SG No. 52/2007) (1) Decisions as per Chapter Six, Section Ia may be appealed in the Administrative Court of the City of Sofia through the body issuing the decision within seven days after copies of them were delivered. The appeal shall not have the power to suspend the enforcement of the relevant decision unless the Court rules otherwise.
(2) Decisions under article 51 (2) and article 70 (1) items 1 and 2 may be appealed in the administrative court located in the region of the current address specified on the aliens registration card within 7 days upon delivery of copies of the said decisions. The appeal shall be filed through the body that has issued the relevant decision.
(3) If the appeal was filed after the respective deadline, it shall be returned to the sender against a receipt. If the appeal was returned by a recorded delivery and the letter comes back to the State Agency for Refugees due to delivery failure, the appeal shall be enclosed with the alien's personal file.
(4) The appeal and a certified copy of the aliens personal file shall immediately be forwarded to the respective Court. The appeal shall have the power to suspend the enforcement of the decision under article 70 (1) items 1 and 2.
(5) The Court shall launch proceedings within three days after the appeal was filed.
Article 85. (1) (Amended, SG No. 30/2006, effective 1.03.2005) The administrative court shall hear the appeal at an open session after having summoned the parties and shall deliver its judgement within one month of the institution of proceedings. In such cases the parties must be summoned three days before the session at the latest.
(2) (Amended and supplemented, SG No. 52/2007) Where the court reverses the decision under article 70 (1) items 1 and 2 and returns the case with mandatory instructions to be re-examined, the interviewing body in the accelerated procedure shall be under an obligation to make a new decision within three days after receiving the court ruling.
(3) Where the court upholds a decision that has been appealed, the latter shall be enforced.
(4) (Amended, SG No. 30/2006, effective 1.03.2005) The judgement of the administrative court shall not be subject to appeal before a court of cassation.
Article 86. (Amended, SG No. 30/2006, repealed, SG No. 52/2007).
(Section II. Appeal in General Procedure)
(Title repealed, SG No. 52/2007)
Article 87. (Amended, SG No. 52/2007) Decisions referred to in Articles 34 (3), 39a (2), 75 (1) Items 2 and 4, 78 (5) and 82 (2), shall be subject to appeal before the Supreme Administrative Court within 14 days of being delivered.
Article 88. (1) (Previous text of Article 88, SG No. 52/2007) The appeal shall be lodged through the Chairperson of the State Agency for Refugees. The appeal lodged shall suspend the enforcement of the decision.
(2) (New, SG No. 52/2007) If the appeal was filed after the respective deadline, it shall be returned to the sender against a receipt. If the appeal was returned by a recorded delivery and the letter comes back to the State Agency for Refugees due to delivery failure, the appeal shall be enclosed with the alien's personal file.
Article 89. The Chairperson of the State Agency for Refugees shall forward the appeal and the personal file to the Supreme Administrative Court within 3 days of receipt of the appeal.
Article 90. (1) The Supreme Administrative Court shall hear the appeal within one month in an open session and after having summoned the parties.
(2) Where the Supreme Administrative Court repeals the appealed decision and returns the file with mandatory instructions to be re-examined, the Chairperson of the State Agency for Refugees must make a new decision within 14 days.
(3) The decision of the court shall be subject to a cassation appeal.
Article 91. (Amended, SG No. 30/2006, SG No. 52/2007) The provisions of the Administrative Procedure Code and the Code of Civil Procedure shall apply to all matters not regulated by this Chapter.
Article 92. (Supplemented, SG No. 52/2007) The proceedings under this Chapter shall be exempt from stamp duty and from payment of any other charges with the exception of charges related to expert examinations. Charges related to expert examinations shall be relieved if the alien does not avail of funds to meet his/her basic needs.
Chapter Eight
ADMINISTRATIVE PENAL LIABILITY
Article 93. (Amended, SG No. 52/2007) An alien who damages or destroys an item provided for him/her to use by the state Agency for Refugees shall be liable to a fine of BGN 50 to 200 and shall also pay back the value of the item.
Article 94. (Repealed, SG No. 52/2007).
Article 95. (1) (Amended, SG No. 52/2007) Non-observance of the provisions of this Act shall be established by statements drawn up by officials of the State Agency for Refugees designated by an order of the Chairperson thereof.
(2) Based on the statements of violation drawn up, the Chairperson of the State Agency for Refugees or a deputy chairperson explicitly authorized by the Chairperson or a director of a territorial unit shall issue sanction decrees.
(3) The drawing up of statements of violation, the issue, appeal and enforcement of sanction decrees shall be governed by the Administrative Violations and Sanctions Act.
Chapter Nine
(New, SG No. 52/2007)
LISTS OF SAFE COUNTRIES
Article 96. (New, SG No. 52/2007) The Republic of Bulgaria shall deem safe countries of origin and safe third countries, all countries that are mentioned in the minimum common list adopted by the Council of the European Union.
Article 97. (New, SG No. 52/2007) The Council of Ministers shall make a proposal to the European Commission concerning any amendments in the minimum common list of safe countries of origin and safe third countries.
Article 98. (New, SG No. 52/2007) (1) By November 30th, every year the Chairperson of the State Agency for Refugees in coordination with the Minister of Foreign Affairs shall submit national lists of safe countries of origin and safe third countries to the Council of Ministers for their approval.
(2) In the process of approval the Council of Ministers shall take into account sources of information from European Union Member States, the United Nations High Commissioner for Refugees, the Council of Europe or other international organizations and shall make a judgement of the extent to which a country provides protection against persecution based on:
1. pieces of legislation adopted in this area and the method by which they are enforced;
2. the manner of observing rights and freedoms provided for in the Convention on the protection of Human Rights and Fundamental Freedoms, in the International Covenant on Civil and Political Rights or the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;
3. the manner of enforcing the Prohibition of Expulsion or Return in the sense of the Convention relating to the Status of Refugees from 1951.
4. the existence of an effective penalizing system for violations of those rights and freedoms.
(3) The Council of Ministers shall notify the European Commission about the countries included in the national lists of safe countries of origin and safe third countries.
Article 99.(New, SG No. 52/2007) An alien who has applied for status may challenge and disprove the safety assumption of the country included in a list specified in article 96 or 98.
ADDITIONAL PROVISIONS
(Title amended, SG No. 52/2007)
§ 1. (Amended, SG No. 52/2007) For the purposes of this Act:
1. "An Alien" shall mean any person who is not a Bulgarian national or is nor a national of any other European Union Member State, nor a national of any country signatory to the Agreement creating the European Economic Area, nor a national of the Swiss Confederation, nor is a person who is not a national of any country as per that country's legislation.
2. "An alien seeking protection" shall mean an individual who has expressed his/her desire to receive special protection under this Act until the completion of his/her application review process.
3. "Family members" shall mean:
a) the husband, the wife or an individual with whom the alien has an evidenced stable long-term relationship and their minor unmarried children;
b) minor unmarried children who are unable to provide for themselves due to grave health conditions;
c) the parents of either one of the spouses who are unable to take care of themselves due to old age or a serious health condition and they have share the household of their children.
4. "Unaccompanied" shall mean a minor or juvenile alien who is on the territory of the Republic of Bulgaria and is unaccompanied by a parent or another adult who is legally or socially in charge of him/her.
5. "Race, religion, nationality, membership of a particular social group and political opinion or beliefs" are notions that shall be construed in the sense of the Convention relating to the Status of Refugees from 1951 and article 10, paragraph 1 of Council Directive 2004/83/EC on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted
6. "Subsequent application" shall mean an application for status in the Republic of Bulgaria which was submitted by an alien whose refugee or humanitarian status has been revoked or discontinued or in case the status determination procedure in the Republic of Bulgaria has ended with an effective decision.
7. "Country of origin" shall mean a country that the alien is a national of or if the person is stateless this shall be the country of his/her permanent residence.
8. "Safe country of origin" shall mean a country where the rule of law is respected and laws are enforced in a democratic social system whereby persecution or actions related to persecution are not tolerated and there is no risk of violence in situations relating to internal or international armed conflicts.
9. "Safe third country" shall mean a country other than the country of origin where the alien who has applied for status has resided and:
a) there are no grounds for the alien to fear for his/her life or freedom due to race, religion, belonging to a particular social group or political opinions or beliefs;
b) the alien is protected from being returned to the territory of a country in which there are prerequisites for persecution and risk to his/her rights;
c) the alien is not in danger of persecution, torture, inhuman or degrading treatment or punishment;
d) the alien has the opportunity to request refugee status and when such status is being granted he/she shall enjoy protection being a refugee.
e) there are sufficient reasons to believe that aliens will be allowed on the territory of such country.
§ 1a. (New, SG No. 52/2007) This Act transposes the provisions of Council Directive 2001/55/EC on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and the measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof, Council Directive 2003/9/EC laying down minimum standards for the reception of asylum seekers, Chapter Five of Council Directive 2003/86/EC on the right of family reunification, Council Directive 2004/83/EC on minimum standards for qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted and Council Directive 2005/85/EC on minimum standards on procedures in Member States for granting and withdrawing refugee status.
TRANSITIONAL AND FINAL PROVISIONS
§ 2. This Act shall enter into force six months after its promulgation in the State Gazette and shall repeal the Refugees Act (promulgated, SG No. 53/1999; corrected, SG No. 97/1999; amended, SG No. 45/2002).
§ 3. The State Agency for Refugees under the Council of Ministers shall succeed the Agency for Refugees under the Council of Ministers.
§ 4. Proceedings commenced prior to the entry into force of this Act shall continue as per the regulations in force hitherto.
§ 5. (Amended, SG No. 52/2007) Pending the opening of transit centres, procedures specified under Chapter Six, Sections Ia and II shall be conducted at registration-and-reception centres or in places designated by the Chairperson of the State Agency for Refugees.
§ 6. The Bulgarian Identity Documents Act (promulgated, SG No. 93/11998; amended, SG Nos. 53, 67, 70 and 113/1999; amended, SG No. 108/2000; amended, SG No. 42/2001; amended, SG No. 45/2002) shall be amended, as follows:
1. In Article 1, Paragraph (2), the conjunction "and" shall be replaced by a comma and the phrase "and Communications and the State Agency for Refugees under the Council of Ministers" shall be added after the words "Ministry of Transport".
2. A new Paragraph (3) shall be inserted in Article 8:
"(3) Where the application provided for in Paragraph (2) refers to an identity document of an alien seeking or granted protection in accordance with the Asylum and Refugees Act, the competent service of the Ministry of Interior shall forthwith notify the State Agency for Refugees or the nearest territorial unit thereof."
3. In Article 9, Paragraph (2), the conjunction "and" shall be replaced by a comma, and the phrase "and the card of an alien with humanitarian status" shall be added after the words "the refugee card".
4. In Article 14:
a) Item (4) shall be amended as follows:
"4. Temporary refugee certificate and temporary certificate of a refugee in accelerated procedure";
b) New Items 10, 11 and 12 shall be added:
"10. card of an alien with humanitarian status;
11. certificate of an alien under temporary protection;
12. foreign travel certificate of an alien with humanitarian status."
5. In Article 21, Paragraph (1), a second sentence shall be added: "Where the aliens seeking or granted protection do not hold such documents, their names shall be written in the order specified in a declaration they have signed before the competent authority."
6. Article 55 shall be amended as follows:
a) The existing text shall become Paragraph (1);
b) A new Paragraph (2) shall be added:
"(2) A temporary refugee certificate shall be issued forthwith after the start of the status determination procedure. A temporary refugee certificate shall also be issued to an alien who is under the age of 14 and who is not accompanied by an adult member of his/her family."
7. In Article 57, Paragraph (2), the words "aliens seeking refugee status" shall be replaced by "aliens seeking or granted protection in accordance with the Asylum and Refugees Act".
8. In Article 58 a comma shall be inserted after the word "country" and the following shall be added: "except for an alien holding a temporary refugee certificate".
9. Article 59 shall be amended as follows:
a) in Paragraph (1):
aa) Item 3 shall be amended, as follows:
"3. a temporary refugee certificate shall be issued by the State Agency for Refugees to aliens with respect to whom a general refugee status determination procedure has been initiated, and a temporary certificate of a refugee in an accelerated procedure shall be issued by the State Agency for Refugees to aliens with respect to whom an accelerated refugee status determination procedure has been initiated, the validity of such certificates being as set out in the Asylum and Refugees Act;"
bb) In Item 4, after the words "refugee status", the words "or asylum" shall be added and "3" shall be replaced by "5";
cc) In Item 5, a dash and the following text shall be added after the word "refugee": "shall be issued by the bodies of the Ministry of Interior to a alien who has been granted refugee status or asylum, and shall be valid for a term of up to 5 years without exceeding the validity of the refugee card";
dd) New Items 9, 10 and 11 shall be added:
"9. a card of a refugee with humanitarian status shall be issued by the bodies of the Ministry of Interior to an alien who has been granted humanitarian status, and the said card shall be valid for up to 3 years;
10. a certificate of an alien under temporary protection shall be issued to aliens who have been granted temporary protection under the terms and procedure specified in the act ordering temporary protection;
11. a foreign travel certificate of an alien with humanitarian status shall be issued by the bodies of the Ministry of Interior to an alien who has been granted humanitarian status, and such certificate shall be valid for up to 3 years without exceeding the validity of the card of an alien with humanitarian status."
b) Paragraph (2) shall be amended as follows:
"(2) A alien's certificate of return to the Republic of Bulgaria shall be issued to a stateless person or to a alien who has been granted protection in the Republic of Bulgaria, who has lost abroad his/her Bulgarian identity document referred to in, Items 5, 6 and 11 of Paragraph (1). The said document shall be issued to an alien in accordance with Article 34, Paragraph (3) and Article 58, Paragraph (5) of the Asylum and Refugees Act, where the alien does not hold valid national foreign travel documents."
10. In Article 60, a comma and the following text shall be added at the end: "except for the documents provided for in Article 59, Item 3 of Paragraph (1);
11. A new Article 60a shall be added:
"Article 60a. The validity of a refugee foreign travel certificate and of a foreign travel certificate of a alien enjoying humanitarian status may be extended by a Bulgarian diplomatic or consular representation, in coordination with the State Agency for Refugees,"
12. Article 61 shall be amended as follows:
a) in Paragraph (2), the words "granted refugee status" shall be replaced by "granted asylum, refugee status or humanitarian status";
b) Paragraph (3) shall be amended as follows:
"(3) The current address shall be entered in the identity documents of aliens with long-term residing in the country or of those in respect of whom a refugee status determination procedure is underway."
13. Article 62 shall be amended as follows:
a) the existing text shall become Paragraph (1);
b) a new Paragraph (2) shall be added:
"(2) A alien seeking or granted protection shall not be required to produce the document referred to in the foregoing paragraph, where he/she has entered the country without documents."
14. The Transitional and Final Provisions shall be amended, as follows:
a) § 9b shall be added:
"§ 9b. All identity documents of the aliens in respect of whom a pending refugee status determination procedure is under way, or documents of refugees, issued before entry into force of the Asylum and Refugees Act, shall be valid until the expiration of their validity."
b) In § 21, a comma shall be inserted after the words "aliens and refugees" and the following shall be added: "issued by the bodies of the Ministry of Interior".
c) In § 23, the conjunction "and" shall be replaced by a comma and the phrase "and Communications and the Chairman of the State Agency for Refugees" shall be added after the words "Minister of Transport".
§ 7. The Foreigners in the Republic of Bulgaria Act (promulgated, SG No. 153/1998, amended, SG No. 70/1999, amended, SG Nos. 42 and 112/2001, amended, SG No. 45/2002) shall be amended, as follows:
1. In Article 7, a comma shall be inserted after the word "aliens" and the word "refugees" shall be replaced by "seeking or granted protection".
2. In Article 28a, Paragraph (1), the words "refugee status" shall be replaced by "protection under the Asylum and Refugees Act", and the sentence "The actions in fact and in law related to obtaining the permit shall be carried out by the Agency for Refugees." Shall be deleted.
3. In Article 44, Paragraph (1), the words "Agency for Refugees" shall be replaced by "State Agency for Refugees".
§ 8. The Civil Registration Act (promulgated, SG No. 67/1999; amended, SG Nos. 28 and 37/2001) shall be amended as follows:
1. In Article 3, Item 2 (c) of Paragraph (2), "or humanitarian status" shall be added after the word "refugee".
2. Article 26, Item 2 of Paragraph (2), shall be amended as follows:
"2. A temporary refugee certificate or notice of birth of a child to parents who enjoy refugee or humanitarian status;"
3. In Article 52, a comma shall be inserted after the word "citizenship" and the words "or with refugee status" shall be replaced by "with refugee or humanitarian status".
§ 9. Article 70 of the Employment Promotion Act (promulgated, SG No. 112/2001) shall be amended as follows:
"(3) No work permit shall be required with respect to aliens permanently residing in the Republic of Bulgaria or aliens who have been granted asylum, refugee status or humanitarian status."
§ 10. Article 4, Item 6 of the Bulgarian Red Cross Act (promulgated, SG No. 87/1995; amended, SG No. 44/1999) shall be amended, as follows:
"6. assist the aliens seeking or granted protection in the Republic of Bulgaria in accordance with the Asylum and Refugees Act;".
§ 11. The Health Insurance Act (promulgated, SG No. 70/1998; amended, SG Nos. 93 and 153/1998; amended, SG Nos. 62, 65, 67, 69, 110 and 113/1999; amended, SG Nos. 1, 31 and 64/2000; amended, SG No. 41/2001; amended, SG No. 1/2002) shall be amended as follows:
1. In Article 33, Item 4, a comma shall be inserted after the word "refugee" and the words "humanitarian status" shall be added.
2. Article 34 shall be amended and supplemented as follows:
a) In Item 3 of Paragraph (1), the words "under Article 33, Item 3" shall be replaced by "under Article 33, Item (4)";
b) In Paragraph (2):
aa) A new Item 2 shall be added:
"2. for the persons referred to in Article 33, Item 4 - as of the date of initiating the procedure for granting refugee status or right of asylum;"
bb) the existing Item 2 shall become Item 3.
§ 12. In Article 13a of the Bulgarian Citizenship Act (promulgated, SG No. 136/1998; amended, SG No. 41/2001) the words "or asylum" shall be added after the word "refugee".
§ 13. The implementation of this Act shall be entrusted to the Council of Ministers.
TRANSITIONAL AND FINAL PROVISIONS
To the Administrative Procedure Code
(SG No. 30/2006, effective 12.07.2006)
........................................................................
§ 142. The Code shall enter into force three months after its publication on the State Gazette with the exception of:
1. Section Three, § 2, item 1 and § 2, item 2 - regarding the cancellation of Chapter Three, Section II "Court Appeal", § 9, item 1 and 2, § 11, item 1 and 2, § 15, § 44, item 1 and 2, § 51, item 1, § 53, item 1, § 61, item 1, § 66, item 3, § 76, item 1 - 3, § 78, § 79, § 83, item 1, § 84, item 1 and 2, § 89, item 1 - 4, § 101, item 1, § 102, item 1, § 107, § 117, item 1 and 2, § 125, § 128, item 1 and 2, § 132, item 2 and § 136, item 1, as well as § 34, § 35, item 2, § 43, item 2, § 62, item 1, § 66, item 2 and 4, § 97, item 2 and § 125, item 1 - regarding the replacement of the word "county" with "administrative" and replacement of the words "Sofia City Court" with "Administrative Court of the Sofia City", which shall become effective as of 1 March 2007;
........................................................................
TRANSITIONAL AND FINAL PROVISIONS
to the Amending and Supplementing Act to the Asylum and Refugees Act
(SG No. 52/2007)
§ 85. Procedures which have started prior to the adoption of this Act shall abide by the former rules.
§ 86. Within one month after the entering into force of this Act the Council of Ministers shall approve the registration card templates under article 45 (1).
§ 87. All identity documents of aliens who are going through a status determination procedure which have been issued prior to effective date of this Act shall be valid within their specific expiration date.
§ 88. By the time registration card templates under article 45 (1) are approved and registration cards are being produced to aliens:
1. who undergo the accelerated procedure or a general status determination procedure those aliens shall be issued documents following the former template and procedures.
2. who undergo a procedure for identification of a competent country to review the status application, those aliens shall be issued temporary refugee certificates in an accelerated procedure with the remark stipulating that the procedure follows the provisions of chapter Six, Section Ia.
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Annex
to Article 45 (2)(New, SG No. 52/2007)
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