The applicants are Libyan nationals, including one minor child. The State Secretary decided not to process their application because they first applied for international protection in Malta and so it was considered that according to the Dublin III Regulation, Malta would be the Member State responsible to process their asylum application.

The Court of the Hague annulled this decision on 19 October 2020, considering that the State Secretary has insufficiently reasoned on the situation in Malta, especially for the minor applicant having regard that they suffered trauma there, that they suffered from PTSD and the mother was been prescribed EMDR (Eye Movement Desensitization and Reprocessing) therapy. The Court of the Hague also noted that there was no specialised medical treatment for trauma victims in Malta and requested the State Secretary to obtain information from the BMA about the health situation of the minor. The State Secretary appealed against the decision of the Court of the Hague.

The Council of State noted that the BMA issued a medical advice where it stated that the applicant would face a real risk that the transfer to Malta will have significant and irreversible consequences for her state of health. The Council of State confirmed the judgment of the Court of the Hague and ruled that in view of the best interests of the child, the State Secretary should have demonstrated a more active attitude and has failed to fulfil the duty to clarify any serious doubts about the impact of the transfer on the state of health of a minor third country national in Malta.