How can you challenge (appeal) the unfair deportation and expulsion?
Under the Foreigners in the Republic of Bulgaria Act the return to the country of origin, to a transit or a third country are administrative measures applied against irregular migrants. Before ordering the measure, a period of between 7 and 30 days is set, in which the foreigner can voluntarily leave the country (voluntary departure). This term can be extended for no more than 1 year by submitting an application to the authority that issued the order for a compulsory administrative measure. Such bodies can be the chairman of the State Agency "National Security", the directors of the main directorates "National Police", "Border Police" and "Fighting Organized Crime", the directors of the metropolitan and regional directorates, the director of the "Migration" directorate, the directors of the regional directorates "Border Police" of the Ministry of Internal Affairs or officials authorized by them.
If you consider that the deportation (return or expulsion) violates your rights, you can submit an appeal to the Administrative Court based on the procedure provided for in the Administrative Procedure Code.
important Appealing the compulsory administrative measure of deportation has an automatic suspensive effect on your return. However, the authority that issued the order of an administrative measure can allow its preliminary execution, which means the order can be enforced immediately.
The expulsion order is subject to preliminary execution by law (ex lege). However, the court may suspend it at the request of the appellant, if it is claimed that in the country to which he/she will be expelled there is a substantial risk for endangerment of the appellant’s life, freedom or if he/she is exposed to the danger of persecution, torture or inhuman or degrading treatment.
According to the Administrative Procedure Code, the preliminary execution order has to be reasoned. The reasoning for allowing preliminary execution are separate and distinct from the reasoning for the act, the execution of which is allowed. The order allowing or refusing preliminary execution can be appealed through the administrative body to the court within 3 days of its notification, regardless of whether the administrative act was contested. The appeal is considered immediately. Only the court can stop the preliminary execution of the administrative measure - until the final decision is reached.
Deadline
According to the Foreigners in the Republic of Bulgaria Act and the Administrative Procedure Code, a compulsory administrative measure may be contested before the Administrative Court within 14 days of its announcement.
Fees
According to TARIFF No. 1 to the Law on State Fees, for the fees collected by the courts, the prosecutor's office, investigative services and the Ministry of Justice, the fee for filing a complaint against an administrative act is BGN 10.00 (EUR 5).
However, if you cannot afford these costs, you may submit an application for legal aid in addition to the appeal.
Content of the appeal
Administrative Procedure Code provides instructions on the content of the appeal and the information to be included. The appeal must be submitted in Bulgarian. In order to be able to follow the requirements of the appeal procedure, you have the option to apply for legal aid. Read about how to apply for state legal aid for your appeal proceedings.
After the judgment
If the appeal is successful, the Administrative Court will annul the compulsory administrative measure. If the appeal is unsuccessful, you have the option to appeal the judgment of the Administrative Court to the Supreme Administrative Court through the court that issued the decision, within 14 days.
The Supreme Administrative Court can decide to annul the first decision due to a violation of the procedural rules, or if the decision of the case requires the collection of new evidence. In these cases the Supreme Administrative Court must return the case to the Administrative Court for the latter to issue a new decision. In other cases, it decides the case on its merits.
After the judgment of the Supreme Administrative Court, you may have the option to submit an application to the European Court of Human Rights. For example, if your expulsion would result in a violation of the prohibition of torture. Read more about how to appeal to the European Court of Human Rights.