An applicant from Somalia requested international protection in France, which was rejected by the Office for the Protection of Refugees and Stateless Persons (OFPRA). On appeal, the National Court of Asylum (CNDA) considered that the statements of the plaintiff, from the city of Beledweyne, did not prove to be credible concerning the attempted ransom and the violence by the jihadist group Al-Shabaab, to which he claimed to have been subjected. However, the CNDA provided subsidiary protection, considering that, if returned to the country of origin, the applicant would run, solely by mere presence in his region of origin, a real risk of suffering a serious threat to his life or person without being able to obtain protection from the authorities of his country. The court considered that this threat was the consequence of a situation of violence, resulting from an internal armed conflict, likely to spread indiscriminately to civilians.
The CNDA based its decision on reports of the EUAA, among others. It highlighted security incidents, the number of civilian victims and the displacement of populations generated by armed conflict which mainly opposes the forces of the Somali federal government, assisted by the African Union Transition Mission in Somalia (ATMIS), to Islamist militiamen.