It was indisputably established during the administrative identification procedure that the applicant was a child. Therefore, the imposition of a compulsory administrative measure – namely, placement in a detention center – was legally impermissible and had to be annulled. The administrative body incorrectly and unlawfully assumed that the applicant was accompanied by his cousin. Although the cousin’s presence was not disputed, he does not fall under the category of persons responsible for the minor under the applicable customary norms as required by Bulgarian law. The court concluded that the designation of the minor as being accompanied by an adult cousin was unsubstantiated and contrary to legal standards. The order issuer arbitrarily grouped the adult and the minor together, in violation of the legal requirements under §1, item 4 of the Additional Provisions of the Asylum and Refugees Act and §2, item 3 of the Additional Provisions of the Regulations for the Implementation of the Law on Foreigners.
Source here.
