The applicant, Russian national, was provided international protection in 2003. In 2018, protection was withdrawn. B.M. asked the Administrative Tribunal of Toulouse to cancel the decree of 13 June 2019 by which the prefect of Haute-Garonne withdrew protection and obliged him to leave the French territory. By judgment 1 October 2019, the Administrative Court of Toulouse rejected his request. By a judgment of 1 March 2021, the Administrative Court of Appeals of Bordeaux rejected the appeal brought against this judgment. The applicant appealed before the Council of State.

The Council noted that the person whose refugee protection has been withdrawn, but who has retained refugee status, can only be expelled if the administration, after an in-depth examination of his personal situation taking particular account of this status, concludes that there is no risk for the person concerned to be subjected to ill-treatment in the country of origin.

The Council held that the court of appeal erred when it rejected the appeal, as the authorities did not provide an individual assessment of the risk of being subjected to ill-treatment in Russia.