The case concerns a Moroccan national, who has been placed in immigration detention and he is not cooperating with his deportation to Morocco. In this judgment it is considered whether Moroccan nationals whose deportation is dependent on the issue of a laissez-passer by Moroccan authorities are still likely to be deported to Morocco within a reasonable period of time. The court considered that the fact that the Moroccan authorities did not provide laissez-passer in 2020 does not mean that there is no prospect of deportation. The State Secretary explained at the court hearing that the Repatriation and Departure Service (DT&V) is in talks with the Moroccan authorities about resuming presentations by aliens who do not cooperate with their deportation. The foreign national appealed the decision.

The State Secretary noted that the last deportation with a laissez-passer of a foreigner who did not cooperate with his return took place in 2019. The Council of State considered that because of the long period since the last issue of a laissez-passer, despite there not being a concrete reason for this, it has become clear that they are not issued. Therefore, the Council ruled against the District Court ruling which considered that the prospect of deportation to Morocco within a reasonable period of time is not lacking. The Council considered the appeal well founded and found that the detention of the Moroccan national is unlawful considering the lack of laissez-passer being issued. The detention order was lifted and the foreign national was entitled to compensation.