In the case of a Nigerian applicant who applied for international protection, the Court of Appeal upheld the decision of the Territorial Commission to reject the request on grounds of credibility. The applicant claimed to have left his country on grounds that he was persecuted because of his sexual orientation, after his father walked in on him with his partner. The Court of Appeal argued that the story was not credible because of several inaccuracies and excluded that in the South of Nigeria, in the region of Lagos and Benin, where the applicant came from, there was an armed conflict which would justify subsidiary protection.

On appeal, the Supreme Court of Cassation noted that the assessment of the lack of credibility was based on secondary details and stereotyped notions connected to the sexual orientation of the applicant, and it did not take into account the difficulties the applicant had in telling the intimate details of his story. Additionally, no reference was made to the situation of LGBTI+ people in the country of origin. The Supreme Court annulled the decision and referred the case back to the Court of Appeal for further assessment.