The applicant applied for asylum and invoked a fear of being exposed to persecution from the Congolese authorities because of his belonging to the politico-religious movement Bundu Dia Kongo (BDK). He is ethnic Kongo and from Boma town. He declared to have grown in a familial environment where all were adepts of BDK, including himself.

On 24 April 20202, the leader of the BDK was arrested and in order to denounce this arrest, the applicant organised a demonstration in Boma, but the police forces intervened to disperse it. On the night of 9 to 10 May 2020, his place of cult was assaulted by the authorities during a gathering by the adherents. His parents have been killed at that occasion and based on fear for his security he fled the country.

The OFPRA found, based on statements and interview of the applicant, that his allegations and fear of persecution upon return to his country of origin are well founded as based on his political engagement in favour of the politico-religious movement BDK. However, the applicant was excluded from protection because he was married with a minor who had 12 years old at the time.

The applicant appealed against the decision and the CNDA rejected it as unfounded. The court acknowledged that the applicant had a well-founded fear of persecution based on his political and religious engagement and activities.

The court noted that the applicant engaged in a marriage with a minor who was 12 years old and had a child when the spouse did not reach the age of 15. The court took into consideration a Resolution of 2005 adopted by the Parliamentary Assembly of the Council of Europe which condemned forced marriages and child marriages and also the French legislation under which prior consent to marriage is a condition, and sexual relations between adult persons and minors of less than 15 years old are criminally sanctioned, constituting serious crimes under regular legislative norms and they are embedded in the Geneva Convention under excludable acts.