The applicant contested the decision of the State Secretary not to process the application for asylum as Cyprus was deemed the state responsible, based on the Dublin III Regulation. The State Secretary relied on the principle of interstate mutual trust to consider that Cypriot authorities are complying with their international obligations and that proper accommodation will be offered to the applicant when returned to Cyprus.

The Court of the Hague described and analysed the reception conditions and situation in Cyprus, also based on AIDA report from April 2021. However, the Court noted that the applicant submitted new updated information on the reception system in Cyprus, namely information from the Dutch Council for Refugees of 12 November 2021 and an e-mail message from the ELENA coordinator of Cyprus dated 11 November 2021, where it is stated that in September and October 2021 there has been a large increase in inflow into Cyprus and that there was already a shortage of material reception conditions within the reception facilities in Cyprus and that this situation has deteriorated further in September and October 2021. Asylum seekers are not provided with the minimum facilities. The Court mentioned that the various AIDA reports do not show that the Cypriot authorities are indifferent, but that the reception facilities in Cyprus are insufficient due to the large influx of asylum seekers. Consequently, the Court considered that in light of the above, the applicants cannot be required to first complain to the Cyprus authorities about the lack of adequate reception.

The Court annulled the contested decision and ordered the re-examination of the case within 6 weeks.