The applicant, T., a national of Benin, applied for asylum on grounds of risk of persecution by her husband, his family, and the Beninese society because of her sexual orientation. T. claimed to have always been homosexual and having married her husband because her family had chosen it for her. She continued having other relations outside her marriage, until her husband found out. She was threatened and harassed by her husband and then rejected by her family because of her sexual orientation, and she left the country with her child in January 2018. Her application was rejected by the Office for the Protection of Refugees and Stateless person (OFPRA). T. appealed the decision to the National Court of Asylum (CNDA).

The court noted that, according to Art. 1 of the Geneva Convention, a person can be considered a refugee when he/she has a well-founded fear of persecution because, among other, of membership to a particular social group. A social group is considered as made up of persons sharing an innate character, a common history or a characteristic essential to them identity and consciousness, which they cannot be asked to renounce, and an identity perceived as different by the surrounding society or by the institutions. Depending on the circumstances of a certain country, persons may, because of their sexual orientation, constitute a social group within the meaning of these provisions.

The court noted that despite homosexuality not being criminalised, according to a number of reports from different entities, including the US Department of State, ILGA World and the Commission for Immigration and Refugees of Canada, there are no protections in place for discrimination against LGBTI people. The court concluded that homosexual people, and in particular women, in Benin constitute a social group with a characteristic essential to their identity and that is not protected by the authorities of the country. The court noted that the applicant’s claim was credible and that she has well-founded fear of persecution in case of return to her country of origin. Therefore, the CNDA annulled the decision of the OFPRA and recognised refugee status for the applicant.