The procedures before the court are different and depend on the asylum procedure conducted before the decision on refusing a status was made.
If the decision refusing a status indicates a 7-day term for filing the appeal, this means that the decision was issued after an accelerated asylum procedure or after examining a repeated application for asylum and deciding whether to open a new asylum procedure.
If the decision for refusing a status indicates a 14-day term for filing an appeal, this means that it was made in a general asylum procedure examining an application for asylum and status in Bulgaria.
When you file an appeal against a refusal in the accelerated procedure, the appeal will be examined by the court designated for that purpose on the basis of the address indicated on the registration card. The decision of this court is final.
The situation is the same when you file an appeal against a decision on a repeated application. The appeal will be examined by the court designated for that purpose on the basis of the address indicated on the registration card. The decision in this procedure is also final.
When you file an appeal against a refusal in the general procedure, the appeal will be examined at two instances, which means that, if you are not happy with the decision issued by the first court, you can appeal it before the Supreme Administrative Court.
The decision of the first instance is received in person and this is usually done via a courier who is an employee of the court. This employee will come and look for you at the address indicated in the appeal lodged before the court; this is why it is important that, in case you had to change your address after lodging the appeal, you should inform the court about this by means of a written application. In relation to writing the application to the court with the indication of your new address, you can approach the lawyers of the Helsinki Committee or the lawyer who provided free legal aid for you during the asylum procedure, if you had one. If you do not inform the court about your new address with a written application, you may lose the right to lodge an appeal before the upper instance if the first-instance decision is not to your benefit.
When you appear before the court, you have the right to use an interpreter speaking your language. If you do not understand the interpreter or the interpreter does not speak your language well, you are entitled to tell the court about this and ask for another interpreter.
When you appear before the court, you have to submit all the documents or other evidence that you have available in order to prove your identity and the reasons why you fled your country of origin and, as a result of this, are seeking asylum and protection in Bulgaria. If the judge refuses to take any of the documents, insist that the judge takes it, as you have the right to do so.
If the court grants your appeal against the refusal, the judge will oblige the Agency for Refugees to re-examine your case and issue a new decision on your application for asylum in Bulgaria. In this case the interviewer may need to invite you to an additional interview.
If the court does not grant the appeal against the refusal, you have the right to appeal this decision before the Supreme Administrative Court. You are, however, entitled to this only if your case was examined in a general procedure. If your case was examined by the Agency for Refugees in an accelerated procedure or in relation to a repeated application for asylum lodged by you, you do not have the right to appeal before the Supreme Court, and the decision refusing asylum and status will become final. In this case you will lose your rights as an asylum-seeker and may be deported back to your country of origin.
