S.L. 420.7 чл. 13Withdrawal of the application.

(1) When an applicant explicitly withdraws his application, the International Protection Agency shall decide either to discontinue the examination or reject the application. A notice to such effect shall be entered in the applicant’s file.

(2) When an applicant has implicitly withdrawn or abandoned his application, the International Protection Agency shall ensure that a decision is taken to either discontinue the examination or, provided that such application is deemed to be unfounded on the basis of an adequate examination of its substance, to reject the application.

(3) If the International Protection Agency decides to discontinue the examination without taking a decision, a notice to such effect shall be entered in the applicant’s file:

Provided that the International Protection Agency may assume that the applicant has implicitly withdrawn or abandoned his application for international protection when it is ascertained that:

(a) he has failed to provide information essential to his application or has not appeared for a personal interview unless the applicant demonstrates, within a reasonable time, that his failure was due to circumstances beyond his control; or

(b) he has absconded or left without authorisation the place where he lived or was held, without contacting the competent authorities within a reasonable time or he has not, within thirty (30) days, complied with reporting duties or other obligations to communicate, unless the applicant demonstrates that this was due to circumstances beyond his control.

(4) An applicant who reports again to the International Protection Agency after a decision to discontinue the examination, is entitled to request his case to be re-opened or to make a new application which shall not be a subsequent application. Such application shall be made in writing stating the reasons supporting such a request:

Provided that when an applicant reports again to the International Protection Agency after nine (9) months of the decision to discontinue the examination, then the applicant’s case can no longer be reopened and the new application may be treated as a subsequent application.

(5) In case the examination of the application has been discontinued, the applicant’s case may be reopened only once and the International Protection Agency may decide to resume the examination at the stage where the examination had been discontinued.

(6) Service of any document relating to the asylum procedure shall be made by delivery to the applicant for international protection either in person, or via electronic mail, or by post to his last known address:

Provided that when the applicant is assisted by a legal advisor or representative, service of any document relating to the asylum procedure can be made with his legal advisor or representative.