AL-NASHIF v. BULGARIA JUDGMENT
7
On 4 July 1999 the first applicant was deported from Bulgaria. He was
brought to the airport and put on the first available direct flight to
Damascus.
33. His wife, Mrs Saleh, and their children initially remained in
Bulgaria. In May 2000 the second applicant, who was then seven years' old,
completed first grade in the elementary school in Smolyan. The third
applicant, who was six years old at that time, attended preparatory school.
34. As Mrs Saleh had no income in Bulgaria and the first applicant was
unable to provide financial support from Syria, on 29 June 2000 Mrs Saleh
and the second and third applicants left Bulgaria. They went initially to
Syria where they stayed for a month with Mr Al-Nashif. As there was
allegedly no room for the family there, Mrs Saleh and the children went to
Jordan, to the home of Mrs Saleh's parents. Mr Al-Nashif travelled to
Jordan on a one-month visa and on 5 September 2000 returned to Syria as
he had allegedly no legal right of remaining in Jordan.
D. The attempts of the first applicant to challenge the measures
against him
1. Appeal against Order no. 63552
35. On 4 May 1999 counsel for Mr Al-Nashif submitted appeals against
Order no. 63552 (the revocation of residence order) to the Supreme
Administrative Court (Върховен административен съд) and to the
Ministry of the Interior.
36. The latter appeal was rejected on 1 June 1999 by the National Police
Directorate at the Ministry of the Interior. The decision stated that in
accordance with Section 47 (1) of the Aliens Act an order concerning a
matter of national security was not subject to review.
37. The appeal to the Supreme Administrative Court was transmitted by
decision of the court to the Ministry of the Interior with instructions to
complete the case-file. Thereafter it was transmitted to the Sofia City Court
(Софийски градски съд), which was competent to deal with it.
38. On 28 June 1999 the Sofia City Court, sitting in camera, granted
Mr Al-Nashif's lawyer's request for a stay of execution. The court noted that
orders issued under the Aliens Act were not subject to judicial review if
they directly concerned issues of national security. The court found,
however, that the evidence submitted to it by the Ministry of the Interior did
not support the allegation that the first applicant posed a threat to national
security or to the national interests. In these circumstances the court
considered that the appeal could not be declared inadmissible at that stage,
the holding of a hearing being necessary. Pending such hearing it was
appropriate to stay the execution of Order no. 63552 to avoid an
infringement of the first applicant's rights.