The applicant, Burundian national and of Hutu ethnicity, submitted an application for international protection and alleged to fear persecution based on his homosexuality. His application was rejected in March 2012 and the appeal was unsuccessful. He submitted a second application invoking fear of persecution due to his affiliation with MSD the opposition party. The application was rejected and confirmed in appeal. A third application was submitted on grounds related to his homosexuality, but unsuccessful. On 22 November 2016 he submitted a fourth application based on his alleged sexual orientation, but the CGRS rejected it for lack of new elements. The CGRS also mentioned that there is no evidence that in case of return to Burundi the applicant would face persecution based merely on his previous residence in Europe and in Belgium in general and relied on the COI report, Focus Burundi « Sort des ressortissants burundais qui ont séjourné en Belgique/en Europe et qui sont rapatriés », 26 July 2016. The CGRS did not find any other reason for the applicant being granted international protection. The applicant appealed against the negative decision.

The CALL allowed the appeal based on a thorough analysis of country of origin information, the situation in Burundi, the relations between Belgium and Burundi along with the general situation of Burundian nationals who fled their country of origin. The CALL took into consideration the radicalisation of the Burundian regime, its international isolation, the terror climate in Burundi where serious human rights violations occurred, accusations from the Burundian authorities against Belgium for supporting the rebellion, the fact that many members of the opposition and of civil society were in exile in Belgium as well as the strict surveillance by the Burundian authorities of entry and exit of the country to conclude that the mere fact that the applicant submitted an asylum application in Belgium is sufficient to justify the existence of a fear of persecution within the meaning of refugee law. The applicant was granted asylum protection.