8
AUAD v. BULGARIA JUDGMENT
26. On 7 December 2010, again acting of its own motion, the Sofia City
Administrative Court confirmed the applicant’s detention for a maximum of
a further six months, until 20 May 2011 (опр. № 4227 от 7 декември
2010 г. по адм. д. № 9061/2010 г., САС, І о.). It noted that the detention
had already lasted almost twelve months and by law could be prolonged for
a maximum of eighteen months. There existed impediments to the
enforcement of the order for the applicant’s expulsion. He did not have the
required travel document that would enable him to enter Lebanon. In spite
of three requests, the Lebanese embassy had failed to issue such a
document. The case thus fell within the ambit of section 44(8) of the Aliens
Act 1998 (see paragraph 44 below).
II. RELEVANT DOMESTIC LAW
A. Asylum and humanitarian protection
27. Article 27 of the Constitution of 1991 provides as follows:
“1. Aliens who reside in the country lawfully cannot be removed from it or
delivered to another State against their will except under the conditions and in the
manner provided for by law.
2. The Republic of Bulgaria shall grant asylum to aliens persecuted on account of
their opinions or activities in support of internationally recognized rights and
freedoms.
3. The conditions and procedure for granting asylum shall be established by law.”
28. Bulgaria acceded to the 1951 Convention Relating to the Status of
Refugees and the 1967 Protocol relating to the Status of Refugees on
12 May 1993, and they came into force in respect of it on 10 August 1993.
29. Section 9(1)(3) of the Asylum and Refugees Act of 2002 provides
that individuals forced to leave or stay out of their country of origin because
they faced a real risk of suffering death or ill-treatment as a result of an
internal or an international conflict are to be granted humanitarian
protection. Section 9(2) makes it clear that the risk may stem from the
authorities or from organisations against which the authorities are unable or
unwilling to act. Section 9(5) provides that aliens cannot be granted
humanitarian protection if in part of their country of origin there is no real
risk of serious encroachments and there they can freely and lastingly enjoy
effective protection. Under section 75(2), when the authorities determine an
asylum application they have to take into account all relevant facts
concerning the applicant’s personal situation, country of origin, or relations
with other countries. The section also provides that when an applicant’s
statement is not supported by evidence, it must be presumed to be true if the
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