Syrian citizens could not avoid deportation to Bulgaria in accordance with Dublin rules

J.R.R. and L.A.A., nationals of the Syrian Arab Republic and they are of Kurdish ethnicity, fled Syria for Turkey in 2014 after the Syrian authorities had been looking for J.R.R. in their house. Later J.R.R. and L.A.A. fled from Turkey to Bulgaria, where they stayed until 2015.
During their stay in Bulgaria, the authors experienced difficult conditions because they did not receive any form of support from the authorities in relation to finding accommodation, a job and schooling for their children.

After being granted protection in Bulgaria, the family stayed at an asylum centre because they had no other option. The authors’ main reason for fleeing Bulgaria and entering Denmark and lodging an application for asylum there was the fear of being forced to live on the streets without any access to support from the Bulgarian authorities.
In 2015, the family left Bulgaria and entered Denmark and lodged an application for international protection there.
In 2016, the Danish Immigration Service rejected their asylum applications because they had been issued a residence permit in Bulgaria. The family was ordered to leave Denmark immediately, pursuant to a section of the Aliens (Consolidation) Act referring to the Dublin Regulation.
The decision was appealed to the Refugee Appeals Board, however, the appeal did not have suspensive effect.
Then the pleading has been presented to the CCPR and the authors requested the Committee to issue interim measures in order to halt the deportation, which was imminent.
J.R.R. and L.A.A. fear that a return to Bulgaria would expose them, and especially their minor children, to inhuman or degrading treatment contrary to the best interests of the child because they would face homelessness, destitution, a lack of food and access to health care, and risks to their personal safety in Bulgaria, where they did not find any durable humanitarian solutions. They also fear facing the risk of harm from the people who smuggled them. Therefore, there are substantial grounds for believing that their removal to Bulgaria would create a real risk of irreparable harm for the authors and their children, in violation of article 7 of the Covenant.
The CCPR considers that J.R.R. and L.A.A. have failed to demonstrate that the decision is manifestly erroneous, clearly arbitrary or constitutes a denial of justice. Accordingly, the CCPR cannot conclude that the removal of the authors to Bulgaria would constitute a violation of article 7 of the Covenant.

The CCPR is of the view that the authors’ removal to Bulgaria would not violate their rights under article 7 of the Covenant. Denmark was obliged to coordinate with the Bulgarian authorities the authors’ removal, inter alia, by seeking assurances that the authors’ residence permits in Bulgaria would be renewed.

24. June 2024

CCPR 2787/2016
  • Decision: 23 May 2024
  • Comm: Human Rights