The administrative authority incorrectly classified the applicant as an accompanied minor. Nonetheless, the minor was unlawfully detained, in violation of Bulgarian law which prohibits to apply coercive placement to unaccompanied minors. Furthermore, as a result, the authority failed to apply the procedure established in Article 64k of the Regulations for the Implementation of the Law on Foreigners in the Republic of Bulgaria (LFRB)on the legal procedure for unaccompanied minors. The authority also did not comply with the requirements of Article 7a LFRB and Articles 8 and 15 of the Child Protection Act, since the applicant was not represented by the Social Assistance Directorate. The applicant was a vulnerable person under § 1, item 4b of the Law on Foreigners, and the failure to ensure adequate protection constituted a significant violation of procedural and substantive legal standards. The violation of this mandatory provisions rendered the detention unlawful and it was therefore annulled by the court.
Source here.
