The applicant requested international protection before the OFPRA, arguing that he qualified for refugee protection on account of his sexual orientation. On 31 May 2022, the OFPRA rejected his application, noting that his declarations did not suffice to establish the reality of his homosexuality. The applicant appealed against this decision on 14 July 2022. The CNDA also noted that the applicant’s statements did not suffice to establish his need for international protection under the 1951 Refugee Convention on the grounds of his sexual orientation. 
However, the court stated that the proceedings had established that the applicant’s region of origin was Diffa. Based on country-of-origin information, the court observed that the security crisis affecting the Sahel had escalated on account of attacks led by the Islamic State in the Greater Sahara (ISGS) and of growing insecurity due to non-State armed groups and organised crime at the Nigerian borders. Moreover, it cited reports according to which incidents were on the rise, as well as the number of civilian casualties, causing hundreds of thousands of persons to be internally displaced. The court thus concluded that the level of indiscriminate violence in the region of Diffa was such that the applicant, by his mere presence there, faced a serious and individual threat to his life or person, thus triggering the application of Article 15(c) of the recast Qualification Directive.
The court annulled the OFPRA’s decision and granted the applicant subsidiary protection.