The case concerned a Sudanese applicant and her child who applied for asylum in the Netherlands in November 2022. She had been granted previously a visa to France from November 2021 until December 2022. On 20 June 2023, the State Secretary for Justice and Security decided that the application was inadmissible and ordered the deportation to France who was responsible under the Dublin III Regulation. The applicant appealed against the decision and lodged an interim measure before the District Court of The Hague seated in Amsterdam.

In the hearing, the applicant stated that she had received an email from Interpol proving that she was wanted and that she feared a violation of the principle of non-refoulement upon return to France. The applicant also stated to be in fear of her ex-husband, who was part of a paramilitary group and who threatened her with death. Furthermore, she claimed the real risk of detention together with her baby in France and of material deprivation and thus a violation of Article 4 of the EU Charter. Finally, she referred to country information on the situation in France indicating a dire shortage of reception capacity for years.

The District Court of the Hague seated in Amsterdam ruled that the applicant could not sufficiently substantiate that she was arrested or that there was a real risk of indirect refoulement if she was to be transferred to France. Regarding her husband, the District Court of the Hague referred to the French police as actor of protection.

With regards to the reception capacity and conditions in France, the District Court of the Hague upheld the applicant's argument and decided that the country information showed that many Dublin returnees were homeless in France due to a lack of capacity and that therefore there was a real risk for the applicant and her nine-month-old baby to end up on the street upon return to France. Based on the above, the District Court of The Hague seated in Amsterdam annulled the Dublin transfer decision because there was a risk of a violation of Article 3 of the ECHR.