The applicant, a national from the Democratic Republic of the Congo (DRC), survivor of torture suffering from PTSD as a result, had his first application rejected by a final negative decision. The applicant submitted a subsequent application. The authorities found the second application to be inadmissible on the grounds that it lacked new elements. The applicant contested this decision before the 10th Independent Appeals Committee.

After assessing the healthcare system in the DRC, especially with regard to mental conditions, the Independent Appeals Committee found that the applicant, who also lacked a support network in his country of origin, was running a real risk of serious harm upon return to the DRC. Thus, the Independent Appeals Committee granted subsidiary protection to the applicant on the basis of Article 15(b) of the recast Qualification Directive.