AL-NASHIF v. BULGARIA JUDGMENT 29 133. Quite apart from the general procedural guarantees which Article 1 of Protocol No. 7 to the Convention - not in force in respect of Bulgaria at the relevant time - provides in all cases of expulsion of aliens, where there is an arguable claim that such an expulsion may infringe the foreigner's right to respect for family life, Article 13 in conjunction with Article 8 of the Convention requires that States must make available to the individual concerned the effective possibility of challenging the deportation or refusal-of-residence order and of having the relevant issues examined with sufficient procedural safeguards and thoroughness by an appropriate domestic forum offering adequate guarantees of independence and impartiality (no. 13718/89, Commission's decision of 15 July 1988, unreported, no. 22406/93, Commission's decision of 10 September 1993, unreported, no. 27794/95, Commission's decision of 14. October 1996, unreported, and Shebashov v. Latvia (dec.), 9 November 2000, no. 50065/99, unreported). 134. There is no doubt that the applicants' complaint that the deportation of Mr Al-Nashif infringed their right to respect for their family life was arguable. They were entitled, therefore, to an effective complaints procedure in Bulgarian law. 135. It is undisputed, however, that all appeals filed by the first applicant were rejected without examination on the basis of the Aliens Act, which – as construed by the Ministry of the Interior and the Bulgarian courts in the applicants' case and, later, in an interpretative Act of Parliament (see paragraphs 70, 72 and 78 above) – provides that deportation decisions citing “national security” as their ground need not state reasons and are not subject to appeal. Where an appeal against such an order is submitted to a court, it is not entitled to enquire whether genuine national security concerns are at stake and must reject it. In the applicants' case the same approach was adopted by the Ministry of the Interior, to which Mr Al-Nashif appealed (see paragraph 36 above). 136. It is true that the scope of the obligation under Article 13 varies according to the nature of the applicant's complaint under the Convention (see the above cited Kudła judgment, § 157). Where national security considerations are involved certain limitations on the type of remedies available to the individual may be justified. As regards secret surveillance and the use of secret information for screening job candidates who would have access to sensitive information, Article 13 requires a remedy “as effective as it can be”, having regard to the fact that it is inherent in any system of secret surveillance or secret checks that there would be a restricted scope for recourse (see the Klass and Others v. Germany judgment of 6 September 1978, Series A no. 28, § 69, and the above cited Leander judgment, § 78). Nevertheless, the remedy required by Article 13 must be effective in practice as well as in law. In particular, in the Klass and Leander cases, the applicants had

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