Laws are to be observed! Do you hear that, Bulgarian Embassy in India?
Today we will tell you about a Bangladeshi man’s struggle for justice and the Bulgarian administration’s reluctance to implement the decision of Bulgaria’s Administrative Court. We will tell you a story about injustice, ignorance and complete lack of respect for the law. Or at least, this is the way how we see it.
The story – From Bangladesh to Bulgaria, via India
A young man from Bangladesh decides to find a job in Bulgaria. After numerous attempts, he finds a suitable job for his qualification. Best of all, the Bulgarian employer, a noble gentleman, is prepared to go through all the hurdles and arrange for him the necessary permits to work and live in Bulgaria. So fine so good. The employer manages to arrange a work permit from the Bulgarian authorities for the Bangladeshi national. And now the way forward seems to be open.
The problems
As one would expect, all does not go smoothly for the Bangladeshi man from here on.
Rejection for visa D
After obtaining a work permit, the procedure required for the foreigner to come to Bulgaria is to obtain a visa D first. As Bulgaria does not have a functioning embassy in Bangladesh, the Bangladeshis need to apply for visa D from the Bulgarian embassy in New Delhi, India. Needless to say how problematic this is for them. Citizens of Bangladesh need an Indian visa to enter the country, pay for travel expenses (airfare), accommodation, etc. But nothing is too much for the Bangladeshi man. He travels to New Delhi, applies for visa D, with the solid backing of his already approved by the Bulgarian authorities work permit. Nothing can go wrong, right? Wrong. The visa is rejected. The reasons for the refusals are, in our opinion, absurd:
The information provided on the justification of the purpose and conditions of the planned stay is not reliable;
case 8041/2024 of Administrative Court – Sofia
There are reasonable doubts about your intention to leave the territory of the Member States before the expiry of the visa.
Fortunately, in Bulgaria the law is above everything. Or so we thought.
The Court appeal
After our lawyer appealed this, in our opinion ridiculous rejection, the Administrative Court – Sofia has supported our arguments and has overturned the rejection. It’s worth mentioning that the Bulgarian Embassy in Delhi didn’t bother sending anyone to defend its case in the court room.
The respondent, Head of the Consular Section at the Embassy of the Republic of Bulgaria in Delhi, Republic of India, submits the administrative file. At the hearing, duly notified, did not appear and did not send a representative.
case 8041/2024 of Administrative Court – Sofia
The Court decision
The decision of the Court is absolutely clear and logical. Namely, it overturns the visa D rejection and:
SENDS the case file to the Head of the Consular Section at the Embassy of Bulgaria in Delhi, India, for a new ruling on (the name of the Bangladeshi citizen) visa application, in accordance with the instructions on interpretation and application of the law given in the grounds of this decision.
Court decision № 25434/29.11.2024 for administrative case 8041/2024 of Administrative Court – Sofia
The respondent, the head of the Consular Section at the Bulgarian Embassy in Delhi, did not appeal against the court’s decision, so it entered into force. Indeed, the Court’s decision is so persuasive that an appeal would be futile. The decision is now final and cannot be appealed against further.
New ruling on the existing visa application, not a new visa application
It is very important to read carefully the decision of the Court. The Court doesn’t instruct the Bulgarian Embassy in New Delhi to issue a visa D to the Bangladeshi man. It can not do so. Instead, it sends the file back to the Embassy with instruction to issue a new ruling on the visa application. Please make a note, it is a new RULING on the visa application, not a NEW visa application and a NEW ruling on the NEW application.
And by issuing the new ruling on the already submitted visa application, the Embassy may NOT use the old, overturned motifs for rejection. In other words, the Embassy has basically no options left to reject the visa again. This is because the only reasons for refusing the visa have been already overturned by the Court. No new reasons for rejection of the visa should be put forward, as it goes about the same visa D application.
The Bulgarian Embassy in India can not abide by the Court decision, I beg your pardon?
After the Court order entered into forced, we all were expecting the Bulgarian Embassy in India to abide by it. Namely, to review the visa D application of the Bangladeshi man and to issue or reject his visa application. We wouldn’t be expecting a rejection, as the only reasons for refusal were already overturned by the Court. So basically, no other reasons could be put forward and the visa should be issued. The Embassy in India however acted in its own way.
The Bulgarian Embassy in New Delhi has told the Bangladeshi man that instead of reviewing his application, he must apply again. What? They want him to again get an Indian visa, then the plane to Delhi, then submitting all the paperwork again? And the reason for this is because the Embassy’s internal regulation and the software do not allow them to review the visa application, so it must be submitted again. And this, after the BULGARIAN COURT has clearly decided that his existing visa application should be reviewed!
The problem with a new visa application would not be only the huge travel costs that the Bangladeshi man has to make. Not only that, but if he reapplies, he will “ratify” the Bulgarian Embassy in India’s reluctance to comply with the Court’s ruling. But it will also mean that, as this will be a new visa D application, the Bulgarian authorities can reject it again, for whatever reason. And as we have seen from his first application, they are good at finding unfounded grounds for rejection. Would that be fair? Would that be legal? We think not.
Court orders must be obeyed and respected, dear ladies and gentlemen of the Bulgarian Embassy in New Delhi, India!
Back to the Court
We have written to the Court again and it is now assessing whether the official from the embassy should be fined for not fulfilling the order of the Court. The Bulgarian Embassy in India is expected to explain the reasons for its reluctance. To our knowledge, no explanations have been made so far. And in reality, we can’t imagine that the Embassy will tell the Court that they can’t follow the Court order, because their internal regulations and software doesn’t allow them to.
An Epilogue
Lately, I heard some rumours (I can’t confirm whether these are true), from here and there, that the “man” from the Embassy in India is quite worried that the Court may impose a fine. That things have escalated too far. That eventually he may be fined too or this can be a hurdle for his future career. And that we should consider advising the Bangladeshi man to “simply resubmit” his visa D application, rather than chasing the wind. For his own good. Because the Embassy simply can’t issue him a visa, based on his existing application. This is not because they don’t want to, but because their software doesn’t allow them to. And because they have certain internal regulations that prevents them to.
I can not confirm that what I have heard is true or not, maybe these are only rumours. But I am an idealist and I believe in Justice. I understand that if the Bangladeshi man resubmits his visa application, the Bulgarian Embassy in India will be released from any further legal complications. What an ideal solution for them. But I personally don’t believe this should be the way forward. Even if this case is solved and the visa issued, there will be more victims in future. People will get rejected unfairly and if the Court overturns the rejections, they will be again forced to reapply, rather than their application being reevaluated. And that’s not fair. Neither it is legal.
The Bulgarian Penal Code
As a finale, let’s not forget that in certain cases, the prevention of execution of a court decision may also be a criminal offence.
Whoever obstructs or prevents in any way the execution of a court decision or fails to execute a domestic violence protection order or a European protection order shall be punished by imprisonment for up to three years or a fine of up to five thousand leva.
Art. 296 of the Bulgarian Penal Code