The applicant, an Afghan national, appealed the decision of the Directorate of Immigration from the 12 February 2021 to not consider his application for international protection in Iceland and to expel him from the country. The decision stated that the applicant had been granted international protection in Hungary and he had to be returned there. The applicant appealed the decision on grounds that he was suffering from a serious illness and mental health issues, and stated that he had left Hungary because the authorities did not renew his residence permit and he did not receive assistance for with his health problems. The applicant considered that the Directorate’s assessment of whether he would have access to rights, assistance and services in Hungary is not based on sufficient information nor has an individual assessment of the applicant's position in Hungary been made. Additionally, the applicant stated that he was under continuous treatment in Iceland, which would have to be interrupted in case of return to Hungary.

The Immigration Appeals Board considered the situation in Hungary taking into account a number of reports from the EU, the US State Department, the UN Refugee Agency, and a number of international organisations and NGOs, including the EASO Annual Report on the Situation of Asylum in the European Union 2020. The Board noted that, although persons who receive international protection in Hungary have right and access to healthcare, there are various obstacles to the use of the service. In addition, the health insurance of recipients of international protection may be cancelled if they leave the country. The Board concluded that there is not sufficient information available on the applicant’s health needs and that further information was needed on the type of supervision and treatment required by the applicant and the consequences of an interruption. Therefore, the Board revoked the decision of the Directorate of Immigration and refered the case for the Directorate to reconsider the application.