The applicant is an Algerian national who applied for international protection in the Netherlands and the State Secretary decided on 30 November 2021 not to process the application in the regular procedure. The applicant claimed that during the registration phase he was not informed of the possibility to apply for legal assistance. When the asylum procedure starts, applicants are usually assigned a lawyer through the Legal Aid Board. The applicant claimed that he received the contested decision on or shortly before 21 December 2021 and that he had no assistance from a lawyer prior to 21 December 2021. On 21 December 2021 an officer from the Council of Refugees requested the lawyer to assist the applicant.

The representative of the applicant mentioned before the court that according to the usual procedure, if an intention to apply for free legal aid is sent when no lawyer has been yet assigned to the case and to the third country national, the IND has to send that intention to the Legal Aid Board in order for a lawyer to be designated.

The Court of the Hague noted that the State Secretary did not contest the assertation and stated that since the applicant has clearly indicated his will to apply for legal aid, there are serious shortcomings in denying his right to access legal assistance in the procedure in its entirety. The court concluded that the State Secretary did not sufficiently and carefully prepare its decision and referred the case back. The applicant was granted legal aid.