The case concerns fifty asylum applicants represented by Dr Paul Borg Olivier, who between 11 April 2020 and 16 April 2020 were allegedly the victims of pushback to Libya during the rescue operation involving a fishing boat flying a Libyan flag, which was being coordinated by the Maltese authorities, and two applicants who are the brothers of two men who allegedly passed away during this operation.

In its legal considerations, the court firstly argued that Dr Paul Borg Olivier, failed to produce valid proxies to prove that he has been authorized by each of the applicants to participate on their behalf in the ongoing legal proceedings. The court also disagreed that the oral mandate of the applicants agreeing to power of attorney could be considered as legitimate, as this is only applicable to individuals residing in Malta, whilst in the present case, the applicants are residing outside of the country. The court argued further, with reference to Paragraph B, sub-article 742 of Chapter 12 of the Laws of Malta which specifies in which circumstances the Maltese courts have jurisdiction, that it has no jurisdiction to hear and determine the present case as the applicants are not present in Malta.