An applicant from Sudan requested international protection in France and was rejected by the Office for the Protection of Refugees and Stateless Persons (OFPRA). On appeal, the National Court of Asylum (CNDA) considered that the statements of the plaintiff, from the city of Kongok, were insufficient to establish his well-founded fear of persecution on the basis of his political opinion or ethnicity upon return to his country of origin. However, the CNDA granted him subsidiary protection, considering that, if returned to his country of origin, the applicant would run, solely by mere presence in his region of origin, a real risk of suffering a serious threat to his life or person without being able to obtain protection from the authorities of his country. The court considered that this threat was the consequence of indiscriminate violence of exceptional intensity.

The CNDA based its decision on available country-of-origin information. It highlighted that the new conflict taking place since April 2023 caused the security situation, already marked by great violence, to deteriorate further. It also noted that around one fourth of the population of West Darfour were IDPs, with many living in camps where the humanitarian situation is also deteriorating. Finally, it underlined the lack of infrastructure, police, justice and humanitarian aid, which prevents a sustainable peace and the return of inhabitants.