The administrative body incorrectly and unlawfully presumed that the applicant was an accompanied minor, which was not the case. By failing to properly determine the degree of kinship between the applicant and the accompanying adult and by neglecting to protect the minor’s rights throughout the administrative process, the authority committed a material procedural violation as different administrative procedure should have been applied to ensure his rights as an unaccompanied minor foreigner, according to § 2, item 1 of the Additional Provisions of the Law on Foreigners in the Republic of Bulgaria (LFRB). The incorrect classification of the relationship also resulted in the misapplication of substantive law since the administrative authority failed to comply with the prohibition in Art. 44, para. 9 of the LFRB against placing unaccompanied minors in specialized homes for the temporary accommodation of foreigners. The detention order was therefore deemed unlawful by the court and annulled.
Source here.
