AUAD v. BULGARIA JUDGMENT
9
applicant has endeavoured to substantiate his or her application and has
provided a good explanation for the lack of evidence. Section 58(7) requires
the authorities processing asylum applications to obtain written comments
by the State Agency for National Security.
30. Section 4(3) provides that individuals who have been granted
protection under the Act or have entered Bulgaria to seek such protection
cannot be returned to the territory of a country where their life or freedom
are at risk on account of their race, religion, nationality, membership of a
social group, their political opinions or views, or where they may face a risk
of torture or other forms of cruel, inhuman or degrading treatment or
punishment. However, section 4(4), which reflects a rule laid down in
Article 33 § 2 of the 1951 Convention, provides that that benefit may not be
claimed by aliens where there are grounds to regard them as a danger to
national security. There is no reported case-law under that provision.
31. Section 67(1) provides that expulsion orders are not enforced until
the asylum proceedings have been concluded. By section 67(2), expulsion
orders are revoked if the person concerned has been granted asylum or
humanitarian protection. However, those two provisions are not applicable
to, inter alia, aliens whose presence in the country may be regarded as
dangerous for its national security (section 67(3)).
B. Expulsion of aliens on national security grounds
32. A detailed description of the evolution of the law governing
expulsion on national security grounds until 2009 can be found in
paragraphs 18-26 of the Court’s judgment in the case of C.G. and Others
v. Bulgaria (no. 1365/07, 24 April 2008) and paragraphs 30-36 of the
Court’s judgment in the case of Raza v. Bulgaria (no. 31465/08,
11 February 2010). The relevant provisions are contained in the Aliens Act
1998, as amended, and the regulations for its application.
33. Section 42(1) of the Act provides that an alien must be expelled
when his or her presence in the country creates a serious threat to national
security or public order. However, expulsion orders issued on national
security grounds do no indicate the factual grounds for imposing the
measure (section 46(3)). Under section 42(2), expulsion must be
accompanied by withdrawal of the alien’s residence permit and the
imposition of a ban on entering the country.
34. Expulsion orders issued on national security or public order grounds
are immediately enforceable (section 44(4)(3)). However, if expulsion
cannot be effected immediately or needs to be postponed for legal or
technical reasons, the enforcement of the expulsion order may be suspended
until the relevant obstacles have been overcome (section 44b(1)).
35. Expulsion orders may be challenged before the Supreme
Administrative Court, whose judgment is final (section 46(2)). The lodging
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