You have a list of rights and procedural guarantees during the asylum procedure.
The EU and Bulgarian law provide you with the following guarantees to ensure a fair asylum procedure.
You have the right to receive information at the earliest opportunity, but no later than within fifteen days of the submission of the application about your rights and obligations, including information concerning legal assistance, assistance relating to reception conditions, organisations providing certain legal or social services to asylum-seekers, the timeframe for the proceedings and the consequences of failure to comply with your obligations. The information must be presented orally and in writing in a language which you understand.
You also have the right to file an application for access to the information that the State Agency for Refugees has taken into consideration for the purpose of making a decision on your application.
You have the right to a personal interview. During the interview, you must be given an adequate opportunity to present elements needed to substantiate your asylum application. This includes the opportunity to give explanations regarding elements which may be missing, or any inconsistencies or contradictions in your statements.
You have the right to receive the services of a translator or an interpreter during the interview and in any other cases when the authorities call upon you. You also have the right to have all the written acts and decisions of the State Agency for Refugees translated into a language that you can understand.
You have the right to remain in Bulgaria until the State Agency for Refugees has made a decision on your asylum application and the decision has become final. The decision becomes final if you have not appealed the decision, or the Administrative Court has dismissed your appeal.
You have the right to receive assistance and aid by the UNHCR and by other governmental or non-governmental organisations. The State is responsible to provide conditions for obtaining legal aid for those who seek international protection. The organisations providing legal aid or other counselling to asylum-seekers are guaranteed effective access to these people, including those who are at the border check points or transit areas. You must be given the opportunity to consult, in an effective manner with a legal advisor at all stages of the procedure.
During the proceedings you have the right to:
- shelter, food and to social assistance according to the same procedures and in the same amount as the Bulgarian citizens
- health insurance, accessible medical care, and free medical service according to the same procedure as the Bulgarian citizens
- psychological help.
If the proceedings continue for longer than 3 months (due to reasons outside of your control), you have the right to access to the labour market.
If you are part of a vulnerable group or if you have any special needs, your needs will be identified and assessed. If necessary, an individual support plan will be prepared. You have the right to the required support corresponding to your needs.
An applicant with special needs is a person needing special guarantees in order to enjoy his/her rights and to fulfil his/her obligations under the Asylum and Refugees Act. A person from a vulnerable group can be:
- a minor
- an unaccompanied minor
- a disabled person
- an elderly person
- a pregnant woman
- a single parent with minor children
- a victim of trafficking
- a person with serious illness
- a person with mental health problems
- a victim of torture or rape
- a person who has been subjected to other serious forms of psychological, physical, or sexual violence.
Particular procedural guarantees are provided for unaccompanied minors.. Within the protection proceedings, an unaccompanied minor will be legally represented by a lawyer from the National Legal Aid Bureau. The legal aid lawyer will be appointed by the Chairperson of the Bureau. He or she will advise, represent and support the unaccompanied minor during the asylum procedure or after granting of the protection.In proceedings involving an unaccompanied minor, the rights and interests of the minor must be taken into consideration above all.
Read about the rights you have in relation to reception conditions.
If you believe that your rights have been violated during the asylum procedure, you may submit a complaint to the Chairperson of the State Agency for Refugees or directly to the court. Read more about how to complain.