The case concerned a Syrian asylum applicant which initially met the requirement for asylum, was excluded from refugee status by the immigration authorities under section 31 subsection 1 (b). As a conscript soldier in Syria in the spring of 2011, he had been ordered to participate in house searches where opposition figures were arrested and handed over to the security forces. Those arrested were later subjected to torture and homicide.

The Court of Appeal came to the conclusion that UNE had based its decision on an incorrect understanding of the law when assessing whether the conditions for excluding him from asylum were met. It held that the foreigner's actions committed as a conscript soldier in Syria were not considered to constitute "substantial contribution" to the main criminal acts committed by the security service and officers in the foreigner's regiment.

The judgment was appealed before the Supreme Court, which ruled on 12 December 2023. A summary of this more recent judgment can be read here.