The applicant was rejected asylum in the Netherlands and declared inadmissible an application to grant him a fixed term residence permit, because he was granted asylum in Greece on 23 August 2020. On 17 November 2020, the  Court of the Hague dismissed the appeal as unfounded.

A medical opinion was drafted by the Medical Advice Office (BMA), at the request of the Secretary of State for Justice and Security and it showed that the applicant has serious mental health problems and he attempted twice to commit suicide in 2019. According to BMA considered that in the eventuality of lack of treatment for his mental health problems, the applicant situation will aggravate, and the risk of committing suicide will increase in short term. However, the District Court of the Hague considered that the applicant did not adduce evidence that he would be at risk contrary to Article 3 ECHR in case of removal to Greece. The applicant further complained against the District Court judgement alleging that his particular vulnerability and the seriousness of his illness were not taken into consideration and were not correctly assessed against the situation in Greece, with regard to a difficult access to medical and social services for beneficiaries of international protection as well as poor living conditions, as underlined in the CJEU case, Ibrahim, of 19 March 2019.

The Council of State overturned the District Court of the Hague decision and held that the appeal is well founded. The Council of State noted that the District Court in its decision did not identify and recognise the applicant’s particular vulnerability based on the medical reports submitted by the applicant and by BMA. The medical health problems of the applicant are very serious and his vulnerability would expose him to a difficult situation in Greece since he will be struggling to access medical and mental health care. The Secretary of State for Justice and Security would have to explain how the applicant would not face a material deprivation situation if removed to Greece while the BMA indicated that the applicant is, on the short term, in need of medical treatment.