The applicant is a national of Burkina Faso who requested asylum in France claiming that he feared persecution or serious harm in Burkina Faso, from his family and members of society of Burkina Faso, because of his sexual orientation, without being able to rely on the protection of the national authorities. He claimed that he was attacked and threatened by members of his family, namely his brother and an uncle, because of his homosexuality and that when he requested assistance from the national authorities he was again threatened due to his sexual orientation.

By decision of 27 December 2023, the French Office for Refugee and Stateless Persons (OFPRA) rejected his request and the applicant appealed the decision.

By decision of 17 July 2024, the National Court of Asylum (CNDA) annulled the decision of the OFPRA and provided refugee protection to the applicant. It recognised the existence of a social group of homosexual persons in Burkina Faso, entitling them to refugee status in accordance with the 1951 Refugee Convention.

The court relied on available public documentary sources (a report of the US Department of State, a note of the Canadian Ministry of Immigration, an article of Prison Insider, a report of an American NGO FHI360, the database of ILGA and media sources) which highlight the stigmatization, discrimination, social violence, mistreatment and humiliation that LGBTI people suffer in Burkina Faso, by members of the security forces, police and society. Furthermore, it noted that, while homosexuality is not currently criminalized in Burkina Faso, a bill aimed at prohibiting and criminalizing it was adopted by the Council of Ministers on 10 July 2024.

Thus, the court ruled that homosexual people, who are subjected to a climate of strong hostility towards them in Burkina Faso, in the absence of assistance from national authorities, are at risk of persecution.