The applicant is a national of Syria who requested asylum in France. The OFPRA rejected his application on 23 January 2017, arguing that the applicant was linked with the al-Nosra group in Syria and its involvement in sending jihadists from Turkey to Syria. The applicant appealed and the CNDA decided on 5 October 2018 to grant subsidiary status to the applicant. The OFPRA appealed the decision.

The Council of State decided to reject OFPRA's appeal. It held that despite the sympathy expressed by the applicant, especially on the internet, with regard to armed groups opposed to the Syrian regime, some of whom are jihadists, the documents in the file did not make it possible to find serious reasons to believe that his activity on French territory constituted a serious threat to public order, public security or state security within the meaning of Article L. 712-2 of CESEDA, given in particular the absence of any report or surveillance measure decided against him. Thus, the Council quashed the decision and granted subsidiary protection on the grounds that the applicant would run, if returned to his country of origin, a real risk of being subjected to a serious threat within the meaning of Article L. 712-1, c CESEDA.