2
AUAD v. BULGARIA JUDGMENT
THE FACTS
I. THE CIRCUMSTANCES OF THE CASE
7. The applicant was born in 1989 in Ain al-Hilweh, a Palestinian
refugee camp located on the outskirts of Saida, Lebanon (see paragraphs
52-55 below). He currently lives in Sofia, Bulgaria.
A. The applicant’s arrival in Bulgaria and his asylum claim
8. On 24 May 2009 the applicant arrived illegally in Bulgaria and on
7 July 2009 applied for asylum, citing his fear that if he returned to Lebanon
he would be killed or ill-treated by members of the Islamic militant group
Jund al-Sham (see paragraphs 59, 60, 62, 78, 80 and 81 below). His identity
was established on the basis of a certificate issued on 26 November 2008 by
the Palestine Liberation Organisation.
9. The applicant’s story was that he, like his father who had gone
missing in 1991, was a member of Fatah (see paragraphs 59 and 60 below).
He had been appointed to a salaried position in the movement with the
protection of its head of security in Ain al-Hilweh, colonel Maqdah (see
paragraphs 54, 55 and 84 below). His job had consisted in organising rallies
in support of various Palestinian organisations, commemorations of the
Palestinian revolution and protests against the founding of Israel. In early
2009, a neighbour of his who was a member of Jund al-Sham had been
killed, the killing having been facilitated by information supplied by a
friend of the applicant, also a member of Fatah. In reprisal, members of
Jund al-Sham had killed the applicant’s friend. To protect himself, the
applicant had moved to his sister’s house, located in a part of the camp
which was under the control of Fatah. In July 2009 armed men had fired
rounds at his sister’s house, shouting his name. Later on colonel Maqdah
had told the applicant that those men had been members of Jund al-Sham
seeking revenge for their associate’s killing, that he was not able to protect
him from them, and that he should leave Lebanon.
10. In August 2009 the applicant tried to leave Bulgaria with false
documents. He was arrested by the police at the Bulgarian-Greek border. On
21 August 2009 the Petrich District Court approved a plea bargain whereby
the applicant pleaded guilty to offences of illegally crossing the border and
trying to deceive a public officer by using an official document issued to
another person. He was sentenced to six months’ imprisonment, suspended
for three years, and fined 200 Bulgarian levs.
11. In a decision of 29 October 2009, the State Refugees Agency refused
to grant the applicant refugee status, but granted him humanitarian
protection under section 9(1)(3) of the Asylum and Refugees Act of 2002