Law Amending The Law On Asylum And Refugees

Original Language Title: Закон за изменение и допълнение на Закона за убежището и бежанците

Read the untranslated law here: http://parliament.bg/bg/laws/ID/15518/

Name of law
Law amending the Law on Asylum and Refugees




Name Bill
Bill amending the Law on Asylum and Refugees





Date of adoption
11/12/2015



Number / year Official Gazette
101/2015







DECREE № 279
Pursuant to Art. 98 pt. 4 of the Constitution of the Republic of Bulgaria
DECREE:
To be published in the "Official Gazette" Law amending the Law on Asylum and Refugees, adopted by HLIІI National Assembly on December 11, 2015 | || Released in Sofia on December 18, 2015
President of the Republic: Rosen Plevneliev
stamped with the state seal.
Minister of Justice: Catherine Zaharieva

Law amending the Law on Asylum and Refugees (prom. SG. 54 of 2002 .; amend., SG. 31 of 2005 SG. 30 of 2006, pcs. 52 and 109 of 2007, pcs. 82 2009 n. 39 of 2011, pcs. 15 and 66 in 2013, pcs. 98 2014 and SG. 80 of 2015)
§ 1. In art. 13 is amended as follows:
1. In para. 1:
a) paragraph 5 shall be repealed;
B) Section 13 is amended as follows:
"13. It is from a safe country of origin ".
2. Paragraph 2 is amended as follows:
"(2) The procedure for granting international protection does not form, and shall be terminated when the foreigner:
1. has granted international protection in another Member - State of the Union;
2. has granted refugee status in a third country or other effective protection, which includes the principle of non-refoulement and still qualify, provided that it will be adopted in this country; 3
. It comes from a safe third country, provided that it will be adopted in it;
4. He has submitted a subsequent application which does not refer to any new circumstances essential to his personal situation or on his country of origin;
5. proceedings are opened on an application for asylum or granted asylum in the Republic of Bulgaria. "
§ 2. In art. 23 new paragraph. 3:
"(3) organizations under par. 1 and those providing legal assistance to aliens seeking international protection, providing efficient access to strangers that are on the border crossing points, including transit zones. "
§ 3. In art. 29 be made the following amendments:
1. Paragraph 7 is amended as follows:
"(7) The rights under par. 1 pt. 3 and 4 are not granted to a foreigner who does not belong to a vulnerable group and a subsequent application for international protection. "
2. A new paragraph. 8:
"(8) The rights under par. 1, p. 3, 4 and 5 are not granted to a foreigner when proceedings on his application for international protection is suspended pursuant to Art. 14. Upon resumption of proceedings under Art. 77, para. 2 health insurance rights of the alien shall be considered continuous. "
Third. Former para. 8, 9 and 10 become par. 9, 10 and 11.
4. Former para. 11 becomes para. 12 and the words "Art. 13 para. 1, p. 5 "are replaced by" Art. 13 para. 2 pt. 4 ".
§ 4. An Art. 29a:
"Art. 29a. The foreigner or his representative shall be entitled to apply for access to the information compiled on the basis of which decision will be made, except in cases where:
1. disclosure of information or sources would jeopardize national security, the security of the organizations or persons providing the information or the person to whom it relates, or
2. it would hinder examining an application for international protection or 3
. this would prevent the international relations of the Member States. "
§ 5. In art. 30 para. 1 is amended as follows:
1. In pt. 4 words "transit, registration receiving and integration centers" are replaced by "transit and registration reception centers."
2. In pt. 5 words "para. 8 "are replaced with" para. 9 ".
§ 6. In art. 41 is amended as follows:
1. In para. 1:
a) points 2 and 3 are hereby repealed;
B) pt. 4 words "general procedure for granting international protection" be replaced by "procedure for examining an application for international protection".
2. In para. 2 words "para. 1, p. 1-4 "are replaced with" para. 1 pt. 1 and 4 ".
§ 7. In art. 47 is amended as follows:
1. In para. 2 pt. 1 the words "accelerated procedure for asylum-seekers; if necessary, place and procedure for granting international protection to foreigners "are replaced by" a procedure for granting international protection ".
2. In para. 3 words "transit, registration receiving and integration centers" are replaced by "transit and registration reception centers."
§ 8. In art. 48 is amended as follows:

1. In para. 1, p. 10, the words "summary proceedings under Chapter VI, Section II" are replaced by "accelerated procedure in the general procedure."
2. Paragraph 3 shall be repealed.
§ 9. In art. 51 is amended as follows:
1. In para. 1, 'Transit, registration receiving and integration centers "are replaced by" Transit and registration reception centers. "
2. In para. 2 words "para. 7-11 "are replaced with" para. 7-10. "
§ 10. In art. 58 made the following amendments:
1. In para. 4 finally added "that performs registration of art. 61, para. 2 not later than six working days from the initial submission of the application. "
2. Create a new paragraph. 5 and 6:
"(5) the alien declared wish to apply for international protection be given instructions on procedures for the application.
(6) If there are signs that foreigners detained in detention centers, special homes for temporary accommodation of foreigners or located on the border crossing points, including transit zones, may wish to apply for international protection shall be given information about the possibility to do so. For this purpose provides translation to facilitate access to the procedure. "
Third. Former para. 5 becomes para. 7.
4. Former para. 6 becomes para. 8 and the words "on the order of submission of the application" shall be deleted.
5. Former para. 7 becomes para. 9, and the words "Art. 68 "shall be replaced with" Art. 70 '.
§ 11. In art. 61 make the following additions:
1. In para. 2, the second sentence: "The registration shall be made no later than three working days after the filing, unless apply the term of art. 58, para. 4. "
2. In para. 3 finally added "the prior consent of the alien or his representative." 3
. Created al. 5 and 6:
"(5) Upon examination of applications at the discretion of the interviewer authority may be consulted an expert on certain issues relating to medical, psychological, cultural or religious, child or gender.
(6) The interviewer body may request a medical examination of the alien with his consent in connection with traces that may be of past persecution or serious harm. The refusal of the foreigner to conduct a medical examination shall not prevent the decision. A medical examination may be conducted on the initiative of the foreigner and on his behalf. "
§ 12. In art. 63a be made the following amendments:
1. In para. 6 is a second sentence: "In case of doubt interviewer authority shall consult with a doctor to determine whether the condition for which the foreigner can not be questioned is temporary or lasting."
2. In para. 8 is a second sentence: "The foreigner may make comments to the Protocol and provide clarifications with regard to any mistranslations or inaccuracies in the Protocol."
Third. In para. 9 creates the third sentence: "Surrender is not an obstacle for a decision on the application for international protection."
4. Paragraph 10 is amended as follows:
"(10) During the interview could present legal representative or attorney, the right to give reasons at the end of the interview. The legal representative of unaccompanied minor foreigner has the right to ask questions made by the interviewer body. "
5. Created al. 11 and 12:
"(11) An interview may be omitted where it will be taken a positive decision on granting international protection under Art. 8, para. 9 and Art. 10.
(12) The absence of an interview in accordance with this Article shall not prevent a decision on the application for international protection. "
§ 13. A Art. 63b:
"Art. 63b. (1) Interview is conducted under conditions that ensure appropriate confidentiality.
(2) At the discretion of the interviewer's body in an interview with the alien seeking protection may attend a family member. "
§ 14. In art. 67a be made the following amendments:
1. Paragraph 1 shall be amended as follows:

"(1) Proceedings under this section shall be conducted in accordance with Regulation (EU) № 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States of third-country national or a stateless person (OJ, L 180/31 of June 29, 2013), hereinafter referred to as "Regulation (EU) № 604/2013 "Regulation (EC) № 1560/2003 of the Commission of 2 September 2003 laying down detailed rules for implementing Regulation (EC) № 343/2003 of the Council establishing the criteria and mechanisms for determining the Member State which is responsible for examining an asylum application lodged in one of the Member States by a third country, hereinafter "Regulation (EC) № 1560/2003", implementing Regulation (EU) № 118/2014 Decision of 30 January 2014 amending Regulation (EC) № 1560/2003 to determine the conditions for implementing Regulation (EC) № 343/2003 laying down the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third party (OJ, L 39/1 from February 8, 2014), hereinafter referred to as "implementing Regulation (EU) № 118/2014 "and Regulation (EU) № 603/2013 of the European Parliament and of the Council of 26 June 2013 concerning the establishment of Eurodac for the comparison of fingerprints for the effective application of Regulation (EU) № 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States of third-country national or a stateless person and to request comparisons with EURODAC records by law enforcement authorities of Member States and Europol for law enforcement purposes and amending Regulation (EU) № 1077/2011 establishing a European Agency for the operational management of large-scale IT systems in the area of ​​freedom, security and justice (OJ, L 180/1 of June 29, 2013 .), hereinafter referred to as "Regulation (EU) № 603/2013". "
2. In para. 2 t. 1 is amended as follows:
"1. a decision of the interviewing body at evidence of competence for examining an application for international protection from another Member - State of the European Union. " 3
. A par. 4:
"(4) The alien shall be informed of the proceedings initiated and the consequences thereof."
§ 15. In art. 67b creates par. 3:
"(3) the initiation of proceedings under this section terms of art. 70, para. 1 and Art. 75 be suspended until the determination of the state - member of the European Union to consider the application for international protection. "
§ 16. In art. Item 67B. 1 and 2 are amended as follows:
"1. terminate the proceedings for establishing the State responsible for examining an application for international protection and continued the proceedings for granting international protection;
2. terminate the proceedings for granting international protection and authorize the transfer of the alien in the competent State. "
§ 17. In Chapter Six title of Section II shall be amended as follows:" Production in general terms. "
§ 18. In art. 68 is amended as follows:
1. Paragraphs 1 and 2 are amended as follows:
"(1) Production by the general order form:
1. the registration of a foreigner filed its application for international protection;
2. for a foreigner applying for international protection under the temporary protection - registration of the foreigner after the termination or withdrawal of temporary protection.
(2) Where the Republic of Bulgaria is defined as competent or has taken back foreigner under Regulation (EU) № 604/2013, Regulation (EC) № 1560/2003 and Regulation (EU) № 118/2014, proceedings under this section formed the registration of foreigner in the SAR after its transmission. "
2. Paragraph 3 shall be repealed.
§ 19. In art. 70 is amended as follows:
1. Paragraph 1 shall be amended as follows:
"(1) If there are grounds under Art. 13 para. 1 within 10 working days of registration of the foreigner interviewer authority may apply an accelerated procedure in the general procedure by a decision to reject an application as manifestly unfounded. "
2. Paragraph 2 is repealed. 3
. In para. 3 words "three days" are replaced by "the term under par. 1 ".
4. In para. 6 words "this section" are replaced by "under par. 1 ".
§ 20. In art. 71, para. 1 and 2 "accelerated procedure does not apply" are replaced by "An expedited procedure is not carried out."
§ 21. In Chapter Six designation "Section III general procedure" is deleted.
§ 22. Article 72 is repealed.

§ 23. In art. 73 first sentence is amended as follows: "Applications for international protection shall be considered by the State Agency for Refugees individually, objectively and impartially, first assess on granting refugee status."
§ 24. Article 74 is amended so:
"Art. 74. Within four months of the initiation of proceedings by the general order interviewer body objectively and impartially issue an opinion, which together with the personal file presented to the chairman of the State Agency for Refugees decision. "
§ 25. In art. 75 be made the following amendments:
1. In para. 1 in the text before item. 1 the words "three months" are replaced by "six months".
2. In para. 2, the second sentence: "The failure of the interview is taken into account when deciding on the request, unless the alien has objective obstacles to this."
Third. Paragraph 4 is amended as follows:
"(4) The Chairman of the State Agency for Refugees may extend the period under par. 1 more 9 months, the alien shall be informed in person or with a message with acknowledgment of receipt in the following cases:
1. in complex factual and / or substantive issues;
2. when a large number of foreigners at the same time seek international protection, which hinders decision within the period under par. 1. "
4. A new paragraph. 5:
"(5) The maximum time limit for ruling on the application for international protection is 21 months from the date of submission."
§ 26. In art. 76, para. 1, first sentence after the words "foreigner seeking international protection" insert "or his legal representative or lawyer."
§ 27. In Chapter Six after art. 76 creates a new section III, art. 76a - 76c:
"Section III
procedure to examine a subsequent application for international protection
Art. 76a. Before proceeding to the merits of a subsequent application for international protection assess its admissibility under Art. 13 para. 2 item. 4.
Art. 76b. (1) Within 14 days of filing the subsequent application for international protection interviewing body only on the basis of written evidence submitted by the foreigner, without holding a personal interview, taking a decision:
1. no subsequent application to the procedure for granting international protection;
2. prevents subsequent application to proceedings for granting international protection.
(2) The applications submitted under Art. 58, para. 4 deadline under par. 1 run from receipt of the request to the State Agency for Refugees.
(3) If within the period under par. 1 no decision is taken, subsequent application for international protection is deemed admitted to the procedure for granting international protection.
(4) The decisions under par. 1 is delivered in accordance with Art. 76.
(5) alien files a subsequent application for international protection shall register within three working days from the acceptance of his application to proceedings for granting international protection.
Art. 76c. (1) In carrying out the procedure under this section foreigners enjoy the rights under Art. 23, para. 1, Art. 29, para. 1, p. 8, Art. 29a and Art. 58, para. 7.
(2) In carrying out the procedure under this section shall not be granted rights under Art. 29, para. 1 pt. 1 of a foreigner when:
1. filed the first subsequent application for international protection only in order to delay or frustrate the enforcement of the applied compulsory administrative measure "withdrawal of the right of residence in the Republic of Bulgaria", "deportation of the Republic of Bulgaria" or "expulsion" or || | 2. filed a row subsequent application for international protection and its previous subsequent application is considered inadmissible pursuant to Art. 76b para. 1 pt. 2 and is viewed essentially, for whom return to his country of origin or to a safe third country will not lead to endanger his life or his freedom on the grounds of race, religion, nationality, political opinion or membership social or exposure to risk of torture or other cruel, inhuman or degrading treatment or punishment.
(3) The rights under Art. 29, para. 1, p. 3-7 are not granted to a foreigner who is in the process of preliminary examination of subsequent application for international protection. "
§ 28. In art. 77 shall be created para. 4:
"(4) The Chairman of the State Agency for Refugees decided production terminated pursuant to Art. 15, para. 1, p. 7 to resume before the expiry of six months from the termination stranger appeared and pointed to objective reasons for the change of address or objective obstacles appearing or assisting the officials. Production terminated pursuant to Art. 15, para. 1, p. 7 resumes to consider the application on the merits in cases of readmission under the rules of Chapter Six, Section Ia. Production can be resumed only once. "
§ 29. In art. 84 is amended as follows:
1. Paragraph 1 shall be amended as follows:

"(1) The decisions under Chapter VI, Section Ia and art. 76b para. 1 pt. 2 may be appealed within 7 days of their presentation before the Administrative Court - Sofia, by the authority that issued the decision. "
2. In para. 2, first sentence, after the words "Art. 70, para. 1 "comma and the words" item. 1 and 2 "are deleted. 3
. In para. 4, second sentence, after the words "Art. 70, para. 1 "comma and the words" item. 1 and 2 "are deleted.
§ 30. In art. 85 para. 2 is amended as follows:
"(2) Where the court annuls the contested decision under Art. 70, para. 1 and return the case with mandatory instructions for a new decision on an expedited basis in the general procedure, interviewing body establishes a new decision within 10 working days of receipt of the judgment. "
§ 31. A new art. 86:
"Art. 86. Decisions of art. 14, art. 67a para. 2 pt. 1, Art. 75 para. 1 pt. 1 and 3, Art. 76b para. 1 pt. 1 and Art. 78, para. 2 not subject to appeal. "
§ 32. Articles 96 and 97 are canceled.
§ 33. In art. 98 para. 1 and 2 are amended as follows:
"(1) The Chairperson of the State Agency for Refugees with the Minister of Foreign Affairs may, if necessary, submit for approval by the Council of Ministers national lists of safe countries of origin and safe third countries.
(2) Upon adoption of the lists of Ministers, citing sources of information from other countries - EU member states, the European Support Office on Asylum, High Commissioner of the United Nations Refugee Council Europe and other international organizations into account the extent to which the state offers protection against persecution and inhuman or degrading treatment by:
1. relevant laws and regulations adopted in this area and the way they are applied;
2. respect for the rights and freedoms guaranteed in the Convention for the Protection of Human Rights and Fundamental Freedoms signed in Rome on 4 November 1950 (ratified by law - SG. 66 of 1992) (prom. SG . 80 1992 .; amend. pcs. 137 of 1998 and SG. 38 of 2010) or the International Covenant on civil and political rights, done at New York on December 19, 1966 (ratified by Decree - SG. 60 of 1970) (SG. 43 of 1976) or the Convention against torture and other cruel, inhuman or degrading treatment or punishment adopted by the General Assembly of the United Nations on December 10, 1984 (ratified by decree - SG. 80 of 1986) (prom. SG. 42 of 1988 .; amend., SG. 19 of 1995); 3
. the principle of non-refoulement in accordance with the Convention on the Status of Refugees of 1951 .;
4. a system of effective remedies against violations of these rights and freedoms. "
§ 34. Article 99 is amended as follows:
" Art. 99. A foreigner applying for international protection can refute the presumption of safety of the country included in the list of art. 98. "
§ 35. In § 1, p. 9 of the Supplementary Provisions letter" c "is amended as follows:
" in) is not at risk of persecution or serious harm, such as torture, inhuman or degrading treatment or punishment. " Additional provision

§ 36. This Act introduces the requirements of Directive 2013/32 / EC of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (OJ, L 180 / 60 of June 29, 2013).
Transitional provision
§ 37. The proceedings started before the entry into force of this law shall be finished by the previous order.
The law was adopted by the 43rd National Assembly on December 11, 2015 and was affixed with the official seal of the National Assembly.
Chairman of the National Assembly Tsetska Tsacheva
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