The applicant is a Ukrainian national from the Oblast of Khmelnytskyï, who requested international protection before the invasion of Ukraine by Russia and based her request on political persecution and also invoked the security situation in her country of origin. By decision of 4 March 2021, the Office for the Protection of Refugees and Stateless Persons (OFPRA) rejected the request of the applicant.

The National Court of Asylum noted that the Oblast of Khmelnytskyï was subjected to several attacks which were targeting mainly the power infrastructure according to data from the UN on 24 October 2022 and that the city of Khmelnytskyï was deprived of electricity and the authorities requested the population to prepare for water cuts. The situation there remains concerning as a nearby nuclear power plant is a potential target by Russian forces. It further noted that overall, the oblast had a reduced number of security incidents, compared to the east and south of the country.

The court concluded that the indiscriminate violence existing in the Oblast of Khmelnytskyi does not reach a level such that there would be serious and proven grounds to believe that each civilian who returns there runs, simply because of mere presence in this oblast, a real risk of serious threat to life or person within the meaning of Article L. 512-1 (3) of the CESEDA. The court thus considered that it was up to the applicants from this oblast to provide all the information relating to their personal situation leading to the belief that they would incur a risk to their life or person within the meaning of the provisions of the CESEDA. In the particular case, the court did not retain any element of individualization enabling the characterization of a risk of serious harm to the life or person of the applicant.