The applicant, a Ugandan national, lodged an application for international protection alleging persecution on the basis of his sexual orientation. The OFPRA rejected his application. He thus appealed against this decision before the CNDA, requesting the court to annul the OFPRA's decision and to grant him refugee status.

The court, after recalling the 1951 Geneva Convention and the meaning of "membership of a particular social group", established that homosexual persons in Uganda constituted such a group. The CNDA based its decision on the measures contained in The Anti-Homosexuality Act promulgated in Uganda on 26 May 2023. The court noted that this law includes the following provisions:

• The offence of homosexuality can be punished by imprisonment for life;
• Aggravated homosexuality can be punished by death sentence;
• Promotion of homosexuality can be punished by up to 20 years in prison;
• The duty to report acts of homosexuality.

The CNDA also invoked country-of-origin information establishing that homosexual individuals were already at risk of persecution before this bill was adopted. Finally, the CNDA noted that the applicant’s sexual orientation was established during the international protection proceedings and referred to his past experiences (treatment from his family after they found out he was homosexual, blackmailing and assault) to determine that he was facing a serious risk of persecution in Uganda. Therefore, the court confirmed that the applicant was indeed a member of a particular social group in the sense of the 1951 Refugee Convention, annulled the contested decision and granted him refugee protection.