The applicant, a Brazilian national, requested international protection in France, due to fears of persecution on the basis of his sexual orientation, by his family and society, while not being able to enjoy an effective protection by state authorities. The applicant argued that he was forced by his mother to undergo conversion therapy during his teenage years, he was subsequently threatened and mistreated by his neighbors, assaulted by strangers and he lodged a complaint with the authorities, which was unsuccessful. The OFPRA rejected his request and the applicant appealed.

The CNDA allowed the appeal and provided refugee protection. It noted that many forms of stigmatization persist in Brazil against homosexual persons and that the Brazilian criminal code is used to prosecute persons because of their homosexuality, even when sexual relations between persons of the same sex are not criminally punished and that same-sex marriage is allowed in Brazil, discrimination based on sexual orientation and gender identity having also been criminalized by the Supreme Court since June 2019.

The court also noted that Brazil faces a growing number of hate crimes and violence against members of the LGBTI community, despite an underreporting of these acts by victims who fear being stigmatised, discriminated against or mistreated by the authorities, while the aggressors enjoy great leniency. 

The court also observed that homosexual people constitute a particular social group in Brazil, likely to be exposed to a risk of persecution.