On 19 September 2019, an unaccompanied minor from Liberia submitted a request for international protection in the Netherlands. The applicant was living with his aunt and uncle after his parents passed away; there he experienced abuse in addition to abuse from other people. On 14 June 2021, the State Secretary for Justice and Security rejected the application for a temporary asylum residence permit in the extended procedure as unfounded and made the official decision not to issue a regular residence permit for a set amount of time or to delay departure. According to the ruling, the contested decision is also applicable as a return decision with a four-week departure period.
The decision was challenged by the applicant before the Court of the Hague. The court scheduled a hearing on 4 March 2022, but it adjourned after ten minutes because the applicant became ill, and an ambulance needed to be called. On 9 September 2022, the court continued the hearing, but again it was terminated when the applicant panicked and was unable to speak. The court resumed the hearing without the applicant present after taking his interests into consideration. The hearing of the appeal was then continued in the courtroom with both attorneys present. The court ended the investigation after the hearing.
On 11 October 2022, the court informed the parties that the investigation will be reopened. During the hearing, the court discussed the Court of Justice of the EU decision in the TQ case (ECLI:EU:C:2021:9), where a return decision as part of a more thorough rejection decision was issued without first looking into the existence and accessibility of shelter that can be considered adequate for the applicant.
The Court of the Hague ruled that the State Secretary for Justice and Security did not take any actions to determine whether adequate reception facilities in Liberia were available and accessible to the applicant. The court issued an interim ruling and instructed the State Secretary to further investigate reception conditions in Liberia. If it is discovered that Liberia has adequate reception facilities for receiving unaccompanied minors, the court would determine whether that reception satisfies the criteria for "adequate reception" as defined by TQ and whether it may be regarded as adequate for the applicant.