The applicants, Ukrainian nationals, who were residing in Loutsk, a city in the Oblast of Volhynia, had their applications for asylum rejected on 17 November 2020 by final decisions. By decision of 15 December 2021, their requests to review the final judgments were rejected by the OFPRA, which they appealed before the CNDA.

The National Court of Asylum noted that the security situation in Ukraine can currently be characterised by a significant level of violence, which differs in degree from region to region in terms of intensity and impact on the civilian population. It further noted that the Oblast of Volhynia was subjected to several attacks which were targeting mainly the power infrastructure according to data from the UN on 24 October 2022. It further noted that overall, the oblast had a reduced number of security incidents, compared to the east and south of the country, and is an important area for the evacuation route of those who want to leave Ukraine and for delivery of humanitarian aid.

The court concluded that the indiscriminate violence existing in the Oblast of Volhynia 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 applicants.