What procedure must be followed in a case of detention in an asylum context?
You may be detained by the police, the Migration Directorate or by the State Agency for Refugees. The difference between the Special homes for temporary accommodation of foreigners (SHAF) (under the subordination of the Migration Directorate at the Ministry of Interior) and the closed-type accommodation centers (under the subordination of the State Agency for Refugees) are that the detention in SHAF is implemented on the grounds of illegal residence and for securing further actions for deportation. By law, if you are an asylum seeker, you cannot be detained on these grounds.
Border Police
If you are crossing the border legally, you can claim your application for asylum either before the Border police when you cross the border or later – before the State Agency for Refugees at one of its reception centers.
If you are crossing the border illegally State or Border police may detain you for up to 24 hours.Upon your detention, the border guards must write up a detention order. The detention order must contain information about your identity, and most importantly, why and how you were detained and that you can appeal the decision to the court. Read more about the appeal.
If you have not asked for asylum upon your initial crossing of the Bulgarian border and you were detained by the police, they must deliver you to the state immigration police (Migration Directorate).
In Bulgaria illegal crossing of the border can result in criminal punishment. However, if you are a foreigner seeking asylum the law exempts you from legal liability. Therefore, you should state your intention for seeking protection in Bulgaria before the first state authority that you meet. If you are crossing the Bulgarian-Turkish border and you claimed that you are seeking protection, you will be transferred to the Elhovo Distribution Centre where you can be detained for up to 10 days. During this period, you will be visited by officials from the State Agency for Refugees. They will interview you and take your fingerprints after which they will decide to which reception centre (refugee camp) you will be transferred.
Migration Directorate
Your extended detention may be needed for several reasons. For example, if the authorities have not managed to verify all the required information about you, if there is a risk that you may abscond, or if there is reason to believe that you may endanger public security and order.
Length of detention
- The Migration Directorate may decide to keep you detained for up to 18 months if you have not filed an application for asylum.
- If you have not managed to file an application for asylum upon your initial detention you can do so at the Special home for temporary accommodation for foreigners with the Migration Directorate. In this case immigration police must immediately send your application to the State Agency for Refugees along with all your documents. Your application must be registered no longer than 6 days after you file it. When you are registered as an asylum seeker, you will be transferred to one of the centers (refugee camps) with the State Agency for Refugees.
Basic rights
You have certain important rights in the process before the police, the Migration Directorate and the State Agency for Refugees. Read more about your basic rights.
Complaint
If you were detained in one of the SHAF run by the Migration Directorate, you filed your asylum application and were not transferred to a refugee camp within 15 days you can submit a complaint to the Administrative Court, asking the court to oblige the State Agency for Refugees to register your application. You also have the right to request compensation for the wrongful detention. Read about your right to receive compensation.
State Agency for Refugees
A foreigner seeking international protection can be accommodated in a closed-type centre with a reasoned decision of the chairman of the State Agency for Refugees or an official authorized by him/her. You can be accommodated in a closed-type centre if the authorities have not managed to verify all the required information about you, if there is a risk that you may abscond (including during a Dublin procedure), or if there is a reason to believe that you may endanger public security and order.
The director of the closed-tyoe centre must carry out monthly checks on the continued existence of the grounds for detention for each asylum seeker in the centre. The results of the inspections shall be reported to the Chairperson of the State Agency for Refugees.
If any new information and circumstances are established or at the request of the foreigner seeking international protection, the Chairperson of the State Agency for Refugees or an official authorized by him/her reviews the need for detention and issues a reasoned decision within 7 days.
Appeal
The order for accommodation in a Special home for temporary accommodation of foreigners can be appealed within 14 days of the actual placement in accordance with the Administrative Procedure Code. The appeal does not stop the execution of the order.
The decision for accommodation in a closed-type centre can be appealed in accordance with the Administrative Procedure Code. The appeal does not stop the implementation of the detention. The decision to review the accommodation in a closed-type centre with the State Agency for Refugees can also be appealed.
What human rights violation may there be?
If lawful procedures have not been followed during the detention process, this may result in a violation of the right to liberty and security of a person.