The administrative body incorrectly assumed that the applicant was an accompanied minor as the person indicated as the complainant’s escort does not fall within the categories of persons who can be responsible for a minor foreigner under Bulgarian law or custom and in accordance with Regulation (EU) 516/2014. The minor was nonetheless unlawfully detained, in violation of Bulgarian law which prohibits to apply coercive placement to minors. The court additionally found that the requirements of Article 7a of the Law on Foreigners and Articles 8 and 15 of the Child Protection Act were not met, as the applicant was not represented by the Social Assistance Directorate and there is no evidence of him being informed about the opportunity to receive legal aid.. These legal provisions are designed to safeguard the rights of children. The applicant was a vulnerable person within the meaning of § 1, item 4b of the Law on Foreigners, which includes minors, unaccompanied minors, persons with disabilities, elderly people, pregnant women, single parents with minor children, and individuals subjected to serious forms of violence. The court annulled the immigration detention order.
Source here.
