AUAD v. BULGARIA JUDGMENT
7
National Security Act [of 2007]: international terrorism and cross-border organised
crime, which creates a threat for national security. The existence of such indications
does not require proof beyond doubt of acts directed against the security of the
county. There are sufficient grounds to impose a coercive measure if there are
indications which can lead to a reasonable assumption that the applicant’s presence
creates a serious threat to national security. The factual data gathered through
operative methods and set out in proposal no. RB 202001-001-03-T6-5347 of
17 November 2009 constitute grounds to make a reasonable assumption that this
applicant’s presence does create a serious threat to national security. The existing data
about the applicant’s activity on the country’s territory show the existence of the
grounds set out in section 42 of the Aliens Act [of 1998 – see paragraph 33 below].
A coercive measure, such as that envisaged by section 42 of the Aliens Act, has a
preventive character, it aims to prevent actions directed against the country’s security.
For it to be imposed, it is not necessary to carry out a full inquiry into the information
that has been gathered or seek proof for it, because this is not a case involving the
imposition of an administrative sanction.
The applicant’s statement, made in open court, that he does not wish to be returned
to Lebanon, where his life is under threat, is irrelevant for the present proceedings.
Under section 42(2) of the Aliens Act, the withdrawal of the right of an alien to reside
in the Republic of Bulgaria and the imposition of a ban on entering its territory
inevitably flow from the imposition of the coercive measure under subsection 1 –
expulsion.
The order complies with the legal requirements. The coercive measure has been
imposed by the competent authority under section 44 of the Aliens Act [of 1998], in
due form and in compliance with the rules of administrative procedure, the
substantive law norms and the aim of the law, and for those reasons the application for
judicial review must be rejected as ill-founded.”
D. Judicial review of the applicant’s detention pending deportation
24. The legal challenge to the applicant’s detention pending deportation
(see paragraph 19 above) was transmitted to the Sofia City Administrative
Court. In the course of the ensuing proceedings the court was provided with
an excerpt of the expulsion proposal. In a final judgment of 9 February 2010
(реш. № 2 от 9 февруари 2010 г. по адм. д. № С-66/ 2009 г., САС, І о.),
it upheld the order for the applicant’s detention, finding that it had been
made by a competent authority, in proper form, in line with the applicable
substantive and procedural rules, and in conformity with the aim of the law.
It went on to say that there was enough evidence that the applicant would
try to hinder the enforcement of the order for his expulsion.
25. On an unspecified date in the summer of 2010 the Sofia City
Administrative Court, acting of its own motion, as required under new
section 46a(4) of the 1998 Aliens Act (see paragraph 45 below), reviewed
the applicant’s continued detention (адм. д. № 3872/2010 г., САС). It
confirmed it for a further six months.
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