The applicant, E., is a Palestinian from Lebanon, suffering from a genetic disease affecting haemoglobin production and requiring regular blood transfusions. After the death of his father, he could no longer easily secure a source of blood transfusions and needs a certain medication which the UNRWA refused to supply it due to the high costs. In addition, in November 2015, he was kidnapped by members of Ansar Allah, close to Hezbollah, and was tortured for six days before being released. When he was no longer able to obtain the necessary medication he left Lebanon and arrived in France in August 2019 where he applied for asylum.

The French Office for the Protection of Refugees and Stateless Persons (OFPRA) dismissed the application on 11 October 2019.

The applicant appealed claiming that his application for asylum must be analysed on the basis of Article 1 of the Geneva Convention and that he is entitled to be recognised as a refugee, since, the UNRWA is not in a position to ensure living conditions for Palestinian refugees residing in Lebanon as a result of its major financing difficulties and highly degraded security conditions. 

The OFPRA argued that the appeal should be dismissed as E. has not shown that the difficulties he encountered in Lebanon stem from discriminatory acts or specifically targeted him so that his situation does not fall within the scope of Article 1 (A) of the Geneva Convention. In addition, OFPRA claimed that exclusion clause in Article 1of the Geneva Convention applies to the applicant as E. has not demonstrated that he was in a state of serious insecurity or that UNRWA had consistently failed to provide him with health assistance.

The CNDA first noted that considering E.'s established centre of interests and habitual residence was in Lebanon, and all his family remained there, the issue of protection must be examined with regard to that country. Then the court examined several reports and documents from state authorities and NGOs, all pointing to the fact that Palestinian refugees from Lebanon do not have access to the public health system and must rely exclusively on the services offered by UNRWA and the Palestinian Red Crescent, which are systematically underfunded and insufficient to meet their needs. For this reason, many Palestinian refugees are forced to seek assistance from relatives, friends, NGOs, charities, or even go into debt, when they suffer from chronic diseases or need complex medical procedures. The CNDA concluded that the UNRWA is unable to provide the applicant with sufficient access to tertiary health care, which concerns the most serious illnesses, and to the medicines on which he is dependent for his survival. It thus allowed the appeal and granted refugee status.