Jock Palfreeman says Bulgarian authorities continue to "violate" his free movement despite the overturning of a "travel ban" earlier this week.
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The Sofia Administrative Court has overturned a 2011 ban on Palfreeman, local media reported on January 27, ruling that it was only applicable when a foreigner was subject to an effective prison sentence.
But the 33-year-old Australian, who has always disputed the legality of the "travel ban" on the same basis as the court's ruling, says a return home remains impossible.
"The border police won't let me go," he told AAP on Thursday.
"They have violated my right to free movement for the last four months and counting.
"There are no legal grounds for having kept me here."
Palfreeman, released on parole in September, served 11 years of a 20-year sentence since being found guilty of murder and attempted murder in the stabbing of two Bulgarian youths, one of whom died, during a street melee in 2007.
The former Riverview student, who this month received a certificate of appreciation from a Bulgarian human rights group, has always maintained he acted in self-defence.
But in extraordinary circumstances, a request made in October by then prosecutor-general Sotir Tsatsarov to reopen his early release trial was granted, despite the fact that appeal court parole judgements are final and cannot be reviewed.
This hearing, set for Bulgaria's highest court, was supposed to happen by early December, but neither Palfreeman nor his lawyer, Kalin Angelov, have received word yet.
A DFAT spokesman said Palfreeman has been provided continued consular assistance since his parole was granted on September 19.
"Officials are closely monitoring legal developments in his case, including recent judicial rulings on administrative matters," he told AAP on Thursday.
"It would be inappropriate to comment further while legal processes continue. DFAT has provided all necessary requirements to assist Mr Palfreeman to depart from Bulgaria when local authorities allow."
But Palfreeman is still without a passport after Bulgarian police in October took a new one issued to him.
Australian Associated Press
