• Text size  | | |
• Email this document
• Printable version

Bulgaria: Whether a person who was granted refugee status by the Bulgarian government in 1998, and who has been out of Bulgaria since 1999, would retain any rights to return to Bulgaria; whether such an individual would continue to be recognized as a refugee; rights accorded to persons recognized as refugees by the Bulgarian government

In correspondence with the Research Directorate, the United Nations High Commissioner for Refugees (UNHCR), in Ottawa, provided the following information:

A person who has been granted refugee status by the Bulgarian government remains a refugee and can return to Bulgaria by receiving a travel certificate for return from ... Bulgarian Diplomatic and consulate agencies, as stipulated in the Law on Bulgarian IDs, Art. 59 (2) and paragraph 9 of the Transitional and Final Provisions. The above is applicable in the case of those who have been found to hold Convention status. As far as humanitarian protection holders are concerned, under the old 1999 Law on Asylum, the protection was usually granted for 1 year and after that period the person has to re-apply for protection. Refugee status shall not be withdrawn because a person has left the country. That means that he/she shall still be considered as a refugee in Bulgaria. Only recognized refugees can acquire a travel certificate for return to the country (24 Nov. 2003).

That the 1999 Refugee Law provided for the humanitarian protection of a refugee for a period of up to a year, which could then be extended, was also reported in an April 1999 news article (Xinhua 2 Apr. 1999).

Quoting the 2002 Law on Asylum and Refugees (LAR), the UNHCR added that a refugee in Bulgaria "'shall acquire the rights of a Bulgarian national with the exception of:'"

- "the right to participate in general and municipal elections, national and regional referenda, as well as to participate in the establishment of political parties and be a member of such parties;

- the right to hold a position for which Bulgarian nationality is required by law;

- the right to be a member of the armed force; and

- other restrictions," as stipulated in article 32 of the LAR.

According to Art. 32 (2), a refugee may receive financial support for housing for a period of up to 6 months as from the date of coming into effect of the decision for status granting.

As stipulated in Art. 32 (3), the refugee has a right to acquire real estate in the territory of Bulgaria under the conditions and procedure provided for aliens.

Art. 34 (1) (states that a refugee) has the right to ask for family reunification in the territory of Bulgaria.

Any refugee may acquire Bulgarian nationality.

Based on the provisions in the Constitution, and implicit in Art. 32 of the LAR, a refugee has the right to work, social insurance, social support and medical insurance under the same conditions as Bulgarian nationals. He/she also shall have the right to an identity document and to a foreign travel certificate (24 Nov. 2003).

Similarly, in May 2003, the Internet version of Sofia BTA – the Bulgarian "state-owned, politically neutral press agency" – reported the chairman of the State Agency for Refugees as saying that refugees enjoy "almost" the same rights as Bulgarian nationals, including equal treatment in the labour market (29 May 2003). In addition, the chairman affirmed that foreigners can benefit from Bulgarian language and vocational training courses while undergoing the refugee determination process so that obtaining employment is made easier (Sofia BTA 29 May 2003).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

References

Sofia BTA. 29 May 2003. "Number of Asylum Seekers in Bulgaria Decreases." (FBIS-EEU-2003-0529 30 May 2003/Dialog)

United Nations High Commissioner for Refugees (UNHCR), Ottawa. 24 November 2003. Correspondence from a legal officer.

Xinhua News Agency [Beijing]. 2 April 1999. "Bulgaria Passes Draft Refugee Law." (FBIS-CHI-1999-0402 5 April 1999/Dialog)

Additional Sources Consulted

Unsuccessful attempt to obtain requested information from the Embassy of Bulgarian, in Ottawa.