EU Court: refugees from Ukraine enjoying temporary protection are entitled to have their applications for international protection considered

On 1 October 2026, the Court of Justice of the European Union (CJEU) ruled that states cannot automatically "freeze" applications for international protection from people who already enjoy temporary protection. The application must be examined within the standard time limits while the person continues to benefit from temporary protection. The decision is in Case C-249/25 Jilin and is binding on all EU Member States, including Bulgaria. This directly affects refugees from Ukraine who have been benefiting from temporary protection in Bulgaria since 2022.

What the case was about

The case originated from the Netherlands, but directly affects refugees from Ukraine across the EU. The question was whether a state can refrain from examining an application for international protection from a person under temporary protection until that temporary protection ends. This is exactly how Bulgaria has been acting toward refugees from Ukraine since 2022.

What the Court said

The Court answered that this is not permissible. Temporary protection and international protection (refugee status or humanitarian status) are distinct regimes, and one does not exclude the other.

Persons with temporary protection may apply for international protection at any time.
The application must be decided within the standard time limits: as a rule up to 6 months, and up to a maximum of 21 months.
Only if it is practically impossible, for instance in the event of a huge number of applications, may the authorities examine applications in stages. However, they cannot automatically suspend all applications.

Why this is important for Bulgaria

In Bulgaria, access to international protection for refugees from Ukraine has been suspended since April 2022. On 8 April 2022, the Chairperson of the State Agency for Refugees (SAR) ordered, by Order No. RD05-263, the suspension of the registration of such applications. Already initiated proceedings were terminated. FAR and affected refugees appealed the order ("David and Goliath").

On 21 December 2022, the Administrative Court Sofia City accepted our arguments and declared the termination of proceedings null and void (a historic success). On 14 July 2023, however, the Supreme Administrative Court (SAC) overturned that decision (Decision No. 7885 in administrative case No. 1992/2023). According to the SAC, under Bulgarian law an international protection procedure can begin only after the end of temporary protection. The SAC also held that FAR did not have the right to appeal the order on its own (more here).

More than four years later, the CJEU confirmed that we were right. From the very beginning, we maintained that Directive 2001/55/EC on temporary protection does not allow applications for international protection to wait for the end of temporary protection. The Court confirmed precisely this interpretation, contrary to the SAC. This is a great satisfaction for us, but above all, it is a victory for the people who waited so long to be heard. EU law takes precedence over Bulgarian law, and the ruling of the CJEU binds Bulgarian authorities and courts. Bulgaria can no longer refuse to process applications for international protection from refugees from Ukraine.

What this means in practice

Applications for international protection from refugees from Ukraine holding temporary protection and from their family members must be registered and examined in Bulgaria while the individuals continue to benefit from temporary protection.
If the application is rejected, the temporary protection remains.
Each application is assessed individually.

Information session on 5 November

On 5 November 2026 at 5:00 PM, FAR is organizing an online information session with attorney Valeria Ilareva. We will provide clear information on the international protection procedure and rights, and answer the most common practical questions. Ukrainian and Russian interpretation will be provided.

Registration and participation fee: https://tidycal.com/mnlxn4v/online-infosession-for-ukrainian-refugees

Useful information More information on FAR's platform Refugeelight.bg: