CEDH · CASELAW;COMMUNICATEDCASES;ENG — 30 avril 2025

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .sA36B60A1 { font-family:Arial; font-style:italic } Published on 19 May 2025   FIFTH SECTION Application no. 26364/24 Abdulrahman Al Bakr AL-KHALIDI against Bulgaria lodged on 19 September 2024 communicated on 30 April 2025 SUBJECT MATTER OF THE CASE The application concerns the length of detention of the applicant, a national of Saudi Arabia who is an asylum seeker, based on national security grounds pending the domestic proceedings in relation to his request for international protection. The applicant submitted that he entered Bulgaria on 21 November 2021. He requested international protection on 23 November 2021. The State Agency for Refugees issued an order of 23 November 2021 about his immigration detention under the Asylum Act based on a communication of 22 November 2021 in which the State Agency for National Security informed the asylum authority that the applicant posed a national security threat. Pursuant to that order, on 24 November 2021 the President of the State Agency for Refugees placed the applicant at the Busmantsi Special Home for Temporary Accommodation of Foreigners. The applicant appealed against that order, which the Sofia City Administrative Court upheld in a final judgment of 14 February 2022. On 1 November 2023 the applicant requested the asylum authority to terminate his detention due to its allegedly excessive length. In a decision of 20 November 2023 the asylum agency refused. The Sofia City Administrative Court ordered his immediate release in a final judgment of 18 January 2024. The applicant was not released and on 22 January 2024 the State Agency for Refugees issued a new order for his detention under the Asylum Act based on national security grounds. There is no indication in the case file whether the applicant appealed against that order. On 22 May 2024 the applicant requested again the asylum authority to release him. On 30 May 2024 that agency refused based on a communication of 15 May 2024 by the State Agency for National Security, according to which the applicant continued to pose a national security threat. In a final judgment of 9 September 2024 the Sofia City Administrative Court upheld that refusal. The court examined the conclusions in that communication and found them detailed, clear and well-substantiated. It appears from the case file that the proceedings about the applicant’s asylum request were still pending and that he was still detained at the time of introduction of the present application. The applicant complains under Article 5 § 1 of the Convention that his continued detention pending the examination of his request for international protection had become excessive, arbitrary, and unlawful. QUESTION TO THE PARTIES Has the detention of the applicant been in compliance with Article 5 § 1   (f) of the Convention (see Amie and Others v. Bulgaria , no. 58149/08, §§ 71-73, 12 February 2013)? In particular, having regard to the length and the course of the asylum proceedings, has the detention been lawful and not arbitrary (see J.N. v   the   United Kingdom , no.   37289/12, §§ 83-86, 19 May 2016, and Komissarov v. the Czech Republic , no. 20611/17, §§   45-53, 3   February 2022)? REQUEST FOR INFORMATION The parties are invited to submit any information and copies of the relevant documents in order to clarify the current situation of the applicant, including any developments in the asylum proceedings.