A Georgian applicant applied for international protection in the Netherlands on 25 October 2024, but he had previously applied in Belgium on 17 October 2024. The Minister for Asylum decided not to process the application and to transfer the applicant to Belgium under the Dublin procedure. The applicant appealed against the decision on the Dublin transfer and argued that there are systemic deficiencies in the reception system in Belgium, that the case law from other courts in the Netherlands according to which non-vulnerable single man face a real risk of not finding a place in the reception centres and that there is no effective remedy because in Belgium, Fedasil cannot comply with courts decisions on provision of adequate accommodation.

The District Court of the Hague seated in Groningen found that in similar judgments the District Court in Rotterdam and Groningen, found that there were indications according to which adult men, single and non-vulnerable, would be subject to a real risk of being deprived of long-term accommodation, if transferred to Belgium. The court considered that the applicant demonstrated that he ran the risk of being left in a state of very serious material deprivation beyond his own will and choices, resulting into an inability to meet the most basic needs, contrary to Article 3 of the ECHR and Article 4 of the EU Charter.

The court further noted that the Minister did not demonstrate the contrary of the applicant's claim because the documents sub mitted on the alleged temporary nature of the issues in the reception system in Belgium were contradicted by the fact that despite efforts from the Belgian government, the waiting lists for regular reception in Belgium were increasing. The court concluded that the appeal was well founded and annulled the contested decision.