In what cases can an order to leave the country violate your human rights?
There is protection available against arbitrary deportation or expulsion from a country – substantive protection against return that would result in human rights violations, as well as procedural safeguards, such as the right to challenge the decision for your deportation or expulsion.
What human rights violations could there be?
Deportation or expulsion may violate your right to respect for your private and family life, enshrined in the European Convention on Human Rights. The case law of the European Court of Human Rights (Boultif v. Switzerland, Nunez v. Norway), has clarified the criteria which have to be taken into account when assessing whether deportation would violate private and family life.
Deportation or expulsion may violate your right to freedom from torture or inhuman or degrading treatment or punishment. The European Court of Human Rights has confirmed that since prohibition of torture is absolute and contains no exceptions, no one can be returned to a country where they would face torture, even if the person does not qualify as a refugee. (Soering v. United Kingdom).
According to the European Qualification Directive, Member States shall respect the principle of non-refoulement, which means that no person should be sent back to a country where there is a real risk for serious harm and persecution. Serious harm is defined as consisting: (a) the death penalty or execution; or (b) torture or inhuman or degrading treatment or punishment of an applicant in the country of origin; or (c) serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict. These are the qualification criteria considered when a decision about subsidiary protection must be made.
In Bulgaria the protection from the refoulement is guaranteed by the Asylum and Refugees Act and by the Foreigners in the Republic of Bulgaria Act.
Bulgarian law provides subsidiary protection as a form of international protection by granting a humanitarian status.
How to complain
The order for the above stated compulsory administrative measures includes the State in which they will be implemented. If there is a court decision identifying there is a risk of serious violations of your human rights in this state, your expulsion or deportation to this country should not be implemented.
If there are legal or technical obstacles for the implementation of the deportation or expulsion, the latter are suspended until the obstacles no longer exist. The same applies to cases where there are health or humanitarian reasons for the delay.
However, if you receive a negative asylum decision (or your protection status was revoked or terminated) you may be issued with either an order for return to your country of origin, a transit or a third country, or an order for expulsion as a compulsive administrative measure. (Read more about compulsory administrative measures and how to appeal).
Read more about: