The applicant is a Venezuelan national who applied for asylum due to the fear of being persecuted by security forces and by his family on the basis of his political opinions (opposing the regime of President Maduro) and sexual orientation. The Office for the Protection of Refugees and Stateless Persons (OFPRA) rejected the request.

On appeal, the CNDA considers that the harassment of which the person concerned was the victim on the part of six members of the national guard after his arrest in an opposition demonstration, was amplified by the latter's discovery of his homosexuality. The CNDA updated the identification made in 2018 of the social group of homosexual people in Venezuela and detailed the risks incurred by opponents of the regime or by those perceived as such.