Protection of refugees in Bulgaria.

The protection granted by the Republic of Bulgaria to foreigners includes asylum, international protection and temporary protection.

The right to asylum in the Republic of Bulgaria is regulated by the Constitution of the Republic of Bulgaria and the Asylum and Refugees Act (ARA). The Constitution defines the powers of the President to grant asylum. According to Article 27(2) of the Constitution, "the Republic of Bulgaria shall grant asylum to foreigners persecuted for their beliefs or activities in defence of internationally recognised rights and freedoms."

International protection is granted pursuant to the Convention relating to the Status of Refugees, done at Geneva on 28 July 1951, and the Protocol relating to the Status of Refugees of 1967, ratified by law (Journal of Laws No. 36 of 1992; supplemented by No. 30 of 1993) (Journal of Laws No. 88 of 1993), international human rights instruments and the LRA. International protection includes refugee status and humanitarian status, which are granted by decision of the President of the State Agency for Refugees under the Council of Ministers (SAR).

The requirements for refugee status are set out in Article 8 of the LAS. This type of protection is granted to an alien who, owing to a well-founded fear of persecution based on race, religion, nationality, political opinion or membership of a particular social group, is outside his or her country of origin and for these reasons is unable or unwilling to avail himself or herself of the protection of that country or to return to it.

Under Art. 9 of the LAS, humanitarian status shall be granted to an alien who does not qualify for refugee status and who is unable or unwilling to receive protection from his or her country of origin because he or she may be exposed to a real risk of serious harm, such as the death penalty or execution, or torture, inhuman or degrading treatment or punishment, grave threats against the life or person of a civilian due to indiscriminate violence in the event of an international armed conflict or internal conflict.

Temporary protection shall be granted in the event of a mass influx of aliens who are forced to leave their country of origin because of armed conflict, civil war, foreign aggression, human rights violations or large-scale violence into the territory of the country concerned or into a particular region thereof and who are unable for these reasons to return there. Temporary protection is granted by the Council of Ministers by decision of the Council of the European Union. Its duration shall be determined by decision of the Council of the European Union.