The applicants are Libyan nationals, including one minor child, and the State Secretary decided not to process the application because they have first applied in Malta, thus according to the Dublin III Regulation, Malta would be the MS responsible to process the 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 suffer of PTSD and the mother has been prescribed EMDR (Eye Movement Desensitization and Reprocessing) therapy. The Court of the Hague also noted that there is 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 foreign national. 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 judgement 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 as failed to fulfil his duty to clarify any serious doubts about the impact of the transfer on the state of health of a minor foreign national in Malta.