The applicant, a national of Tanzania from Zanzibar, of Shirazi ethnic origin and Muslim faith, requested international protection in France due to his sexual orientation. The OFPRA rejected the request and the applicant appealed.

The CNDA noted that it had already ruled that there was a social group of homosexual people in Tanzania (CNDA March 7, 2018 MK n° 17052507 C), and noted the specificity of the criminal law of Zanzibar, in that this law does not fall under the federal jurisdiction of the United Republic of Tanzania, but differs between mainland Tanzania and the semi-autonomous archipelago of Zanzibar. The court observed that the new Criminal Code of Zanzibar promulgated in March 2018 has toughened the penalties for so-called "unnatural" offences, persons having maintained or attempted to maintain homosexual relations in Zanzibar now being liable to penalties of up to 30 years in prison.

Thus, the person concerned, was recognized as a refugee because of his well-founded fears of being persecuted, both by his family and by the Zanzibari population and authorities, because of his homosexuality.