A mother and her minor child, Ukrainian nationals, who were residing in the Oblast of Vinnytsia, requested international protection in France. The mother claimed that, if returned to Ukraine, she would be at risk due to her ex-partner. The applicants had their applications for asylum rejected on 31 August 2021 by decision of the OFPRA, which they appealed before the CNDA, where they also invoked the security situation in Ukraine following the invasion by Russia.

The National Court of Asylum held that the fear invoked by the woman, with regard to her former partner, were unfounded. It also 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 Vinnytsia was subjected to several attacks which were targeting the power and train infrastructure, as well as the civilian population. It further noted several attacks which took place in the oblast and highlighted that overall in the Oblast of Vinnytsia there was 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 Vinnytsia 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.