The Supreme Administrative Court adopted an interpretative decision at the request of the Bulgarian Ombudsman who requested clarification over the interest of an unaccompanied minor, accommodated in a special home for temporary accommodation of foreigners under the Migration Directorate of the Ministry of the Interior to appeal against the order concerning his or her accommodation associated with an foreign adult. The Ombudsman further asked if the answer is negative to the first question, then whether the minor has an interest to appeal when he or she disputes the association with an adult in the administrative order concerning accommodation and asked also on the probative force of the police memo in such cases. If the answer is still negative, then the Ombudsman inquires over the protection of the minor for his or her accommodation in such special home, with a designated adult by the administrative authority. The request was made due to contradictory decision from the Supreme Administrative Court

The Supreme Administrative Court rejected the request as inadmissible and found that there is no contradictory practice. On the first question, the Court reiterated that according to the Article 44 par. 5 of the Law on Foreigners and other legal provisions, the placement in a special home for temporary accommodation of foreigners is ordered as coercive measure (of maximum 3 months) in order to organise a return or expulsion, when the person concerned did not comply with the precautionary measures. When a minor is being placed with an adult in such special home, he or she has an interest in bringing procedure against the administrative accommodation act. Thus, the Supreme Administrative Court noted that children detained as a result of the detention of their accompanying adult have their own right to appeal against the detention decision.

On the second question, the Court noted that there is no contradictory jurisprudence and that the burden of proof along with the means of proof and to establish the link between the minor and the adult, as per the definition provided by § 1, item 4 LAR. According to this provision, the administrative authority and the persons for whom the contested administrative act is favorable must establish the existence of the factual grounds set out therein and the fulfilment of the legal requirements when issuing it. The court also clarified that the information provided by the police on the relationship between children and accompanying adults is not binding and the authorities ordering the detention can further assess the relationship.