The case concerned an Egyptian applicant whose asylum application was rejected as inadmissible because the State Secretary considered that Georgia is a safe third country for him, in view of a connection with Georgia on basis of his partner Georgian nationality and his son who has Georgian nationality. The applicant contested the admissibility decision, and the Court of the Hague allowed the appeal.

The Court of the Hague noted that although the applicant would be admitted in principle in Georgia based on Article 15 of the Georgian Law on Legal status of Aliens and Statelessness persons, the applicant has sufficiently demonstrated that he did not succeed in obtaining in residence permit in Georgia. The court noted that the documents submitted by the applicant with regard to his visa application in Georgia made proof of the fact that he has no means of accessing Georgia. Precisely, the applicant stated in his registration interview on page 5 that he wanted to travel back to Georgia from Turkey after he left Georgia on 26 February 2019, but that the Georgian authorities prohibited this. The applicant further stated to have tried to obtain a residence permit in Georgia. The court noted that the fact that the applicant wanted to travel to Georgia but his departure stamp from Turkey was 'cancelled' corresponded to the information seen on his passport.

The court considered that the determining authority has asked insufficient questions during the interview with regard to the applicant’s access in Georgia and concluded that Georgia can not be considered a safe third country for the applicant.