The applicat asked the National Court of Asylum to annul the decision of 11 January 2019 by which the Director General of the French Office for the Protection of Refugees and Stateless Persons (OFPRA) terminated the benefit of subsidiary protection which he had received granted on 2 October 2008. By decision of 27 June 2019, the National Court of Asylum granted his request and maintained the benefit of subsidiary protection. The OFPRA appealed before the Council of State

The Council held that the CNDA, seized of a decision by OFPRA terminating the subsidiary protection for which it considers the ground unfounded, is required to examine ex officio whether the person concerned falls under one of the other grounds for termination referred in Article L. 712-3 CESEDA or if it appears that this status was granted to him without the conditions for this granting being met, although the person concerned cannot be accused of having misled the competent authorities on this occasion.