An applicant with dual nationality (of Mali and Niger) from the Tuareg community requested the OFPRA to re-examine his request for international protection after his initial request was rejected by decision of the CNDA on 27 May 2020, which had remained final. The applicant claimed that he feared persecution on account of his political opinion by members of the Movement for Unity and Jihad in West Africa and due to the security situation in Mali (Ménaka) and in Niger (Tillaberi).

On 9 March 2022, the OFPRA rejected the request for re-examination. The applicant appealed against this decision.

The CNDA assessed the level of indiscriminate violence resulting from armed conflict in both Niger and Mali. It noted the spread of the armed conflict in the regions of Mopti in July 2020, Gao in February 2023 and Tillabéri in Niger in July 2021, and the significant increase in the level of violence in the Sahel and particularly in the Liptako-Gourma region in the so-called "three borders" area.
The court analysed the situation in both countries of origin and assessed the risks with respect to the border and contiguous regions of Ménaka, in Mali, and Tillabéri, in Niger, in which the person concerned actually resided and which are currently experiencing a situation of indiscriminate violence of exceptional intensity caused by the Sahelian armed conflict. The court concluded that if returned to Mali, in the region of Ménaka, the applicant would be exposed by his mere presence there to a risk of harm to his life or person. The court noted that the same was true for the Tillaberi region in Niger. Thus, the court annulled the decision of the OFPRA and provided subsidiary protection.