ECtHR - Communicated case against Bulgaria: Ali Reza v. Bulgaria (application no. 35422/16)

Date: 
Wednesday, October 18, 2017

On 18 October 2017, the ECtHR communicated case Ali Reza v. Bulgaria (application no. 35422/16), which concerns an Iraqi national who was granted subsidiary protection in Bulgaria in 2002. In June 2015, the Bulgarian National Security Agency ordered the revocation of his residence permit, an entry ban of five years and his expulsion from Bulgaria by considering him a threat to national security. The applicant’s lawyer had very limited access to the internal document which led the authorities to consider the applicant as a threat to national security, as the procedure had been classified as “secret”. The Supreme Administrative Court of Bulgaria rejected the applicant’s appeal but did not indicate its reasoning in full.

The applicant complains under Article 3 ECHR that his removal to Iraq would put him in a real risk of being subjected to ill-treatment, under Article 8 ECHR that his removal would result in an unjustified interference with his right to have his family and private life as he lives in Bulgaria for a considerable time and has a stable relation with a Bulgarian national. He also complains under Article 13 ECHR read in conjunction with Articles 3 and 8 ECHR in relation to the absence of suspensive effect in the available appeal procedures. The applicant alleged a violation of Article 5 ECHR as the Bulgarian authorities had not taken any steps to carry out the expulsion while he was detained and the examination of the appeal against his detention was excessively long.

Based on an unofficial translation by the ELENA Weekly Legal Update.



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Keywords: 
Detention
Family unity (right to)
Inhuman or degrading treatment or punishment
Subsidiary Protection