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The SAC finally revoked the coercive measure imposed on him to leave the country
A three-member panel of the Supreme Administrative Court confirmed the decision of the Sofia City Administrative Court, which reversed an order from the Migration Directorate of the Interior Ministry. With it, Australian citizen Jock Polfreimann was imposed an administrative coercive measure (PAM), a temporary ban on leaving the Republic of Bulgaria. This means that Jock Polfreiman is now free to leave the country.
The decision in an administrative case is final. It was established in the SAC by appeal of the director of the Directorate of Migration.
CASE “POLFREIMAN”: Sotir Tsatsarov in an exclusive interview for “NOVA Week”
The judges of the Supreme Court declared in their decision that the prohibition of leaving the country was imposed on a foreigner who had been convicted and had not served the prison sentence. Given that Jock Polfleiman’s “prison” sentence is not currently being executed and the person is on probation, it must be concluded that the requirement to apply an administrative coercive measure, a temporary ban on leaving the country, has been removed. The measure no longer fulfills the purpose of law, since the factual bases for its application have disappeared. The sentence of “imprisonment” for an amount of 20 years was effectively carried out and served by the person until 20.09.2019, when he was conditionally released from serving the rest of the sentence, according to the judgment of the Sofia Court of Appeal of 19.09. .2019. 2019
Jock Polfreiman is still at large
The casador’s argument that after the controversial order of the director of the Migration Directorate was issued at the proposal of the Sofia City Prosecutor’s Office, it can only be reversed at the proposal of the same prosecutor’s office is unfounded. Nowhere in the Aliens Act of the Republic of Bulgaria is there such a requirement.
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