The administrative body incorrectly and unlawfully assumed that the applicant was an accompanied minor, which was not the case. Nonetheless, the minor was unlawfully detained, in violation of Bulgarian law which prohibits to apply cohercive placement to unaccompanied minors. Based on this erroneous assumption, the administrative authority also failed to apply the procedure outlined 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. Additionally, the requirements of Article 7a of the Law on Foreigners and Articles 8 and 15 of the Child Protection Act were not fulfilled, as the applicant was not represented by the Social Assistance Directorate. These provisions are intended to protect the rights of the child. The applicant qualified as a vulnerable person under § 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 persons subjected to torture, rape, or other serious forms of violence. The failure to ensure protection for a vulnerable person constituted a significant procedural violation. The court annulled the immigration detention order.
Source here.
