AUAD v. BULGARIA JUDGMENT
3
(see paragraph 29 below). The reasons for the decision described the
applicant’s story, as related by him, and continued:
“Bearing in mind the situation in the Palestinian [refugee] camp [Ain
al-Hilweh],which is characterised by serious armed clashes between ‘Fatah’ and
militants from ‘Jund al-Sham’, there are grounds to grant the applicant humanitarian
protection, due to the real risk of infringements consisting of personal threats against
his life in a situation of internecine armed conflict. Refugee camps in Lebanon have
their own system of governance. Camp administrations are not elected by popular
vote, but reflect the predominance of one or more groups or formations that constantly
vie for territorial control, which often leads to armed clashes. In an interview for the
news agency IRIN of April 2008, the head of security of ‘Fatah’ in Lebanon colonel
Maqdah said that ‘Fatah’ will take care of security in all Palestinian camps in order to
put an end to the spread of radical groups. ...
The applicant states that he has been a member of ‘Fatah’ since 2006, but there are
no acts of persecution against him by the authorities or by another political
organisation that the State is unable to oppose. He does not point to any of the other
relevant grounds under section 8(1) of the Asylum and Refugees Act justifying fear of
persecution, such as race, religion, nationality, membership of a particular social
group, or political opinion or belief. That leads to the conclusion that there are no
grounds to grant asylum under the Asylum and Refugees Act [of 2002]. The
[applicant] does not raise grounds justifying the application of section 9(1)(1) or
(1)(2) of [the Act].
The evidence in the file points to grounds to grant humanitarian protection. There
are indications of circumstances falling within the ambit of section 9(1)(3) of [the
Act]. The above-mentioned circumstances show that there are grounds to take into
account [the applicant]’s personal situation in connection with the general social and
political situation in the Palestinian camps in Lebanon. The evidence gathered during
the proceedings shows that there is a real danger and risk of encroachments upon [the
applicant’s] life and person.
Under section 75(2) of the [Act], the [applicant]’s assertions, set out in detail in the
record drawn up by the interviewing official, must be presumed to be truthful.
...
As required by section 58(7) of [the Act], the State National Security Agency was
invited to make written comments. Those comments, dated 21 August 2009, contain
no objection to granting the [applicant] protection in the Republic of Bulgaria.”
12. The applicant did not seek judicial review of the refusal to grant him
refugee status.
13. During that time he was settled, together with other Palestinians, in a
housing facility operated by the State Refugees Agency.
B. The order for the applicant’s expulsion and his ensuing detention
14. On 17 November 2009 an agent of the State Agency for National
Security proposed to expel the applicant on national security grounds and to